Can my employers make me work 130 hour wieek while being on-call?

UPDATED: Oct 1, 2022

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Can my employers make me work 130 hour wieek while being on-call?

I work a 40 work week. My employers wants me to take a on call every other night from 5p-7a and every other weekend. When we have the on call phone we have to fill shifts call clients basically do office work from where ever you are. You have to answer called immediately. The phone has to be with you the whole time and be answered immediately. By taking on call I work anywhere between 116 to 130 hours a week only being pain my 40 a week salary is this legal?

Asked on December 20, 2017 under Employment Labor Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No it is not. Anytime that an employee is required to perform their job duties, whether at the workplace, at home or anywhere else, they must be compensated for their time. And if a worker is non-exempt, then any hours worked over 40 must be paid as overtime. That being said, merely having to carry your phone it not enouh to justify pay; you must actually be working.

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