Can a employer call or text on an employee on their scheduled day off without compensation if it’s work related?

UPDATED: Feb 26, 2012

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Can a employer call or text on an employee on their scheduled day off without compensation if it’s work related?

My girlfriend has asked her boss not to call or text her on her days off but she she does anyway. It usually relates to work but it’s never an emergency. She is employed in one state but the company is based out of another. From what I understand, the employer has to abide by its home state laws. She’s an hourly employee and an assistant manager.

Asked on February 26, 2012 under Employment Labor Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A company does not have to respect days off, and may make employees work on them--which includes calling or texting them.

If the employee is an hourly employee, she needs to be paid for all work done, including time spent talking to her boss or reading/responding to her boss's texts and emails. Therefore, if your girlfriend spends, say, 20 minutes on her day off talking to her boss about work, or reading/responding to work-related texts, she should be paid for 20 minutes of work (i.e. for 1/3 of an hour, at her hourly rate).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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