If I work for a major oilfield company and am on call 24/7, what are my rights to pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I work for a major oilfield company and am on call 24/7, what are my rights to pay?
the handbook says if a non-exempt employeeis signigicantly restricted from conducting personal business affairs while on call, the time will be paid. Can I go after back pay for 1.4 years of being on call and recieving no extra pay.
Asked on August 13, 2015 under Employment Labor Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The issue is, were you "significantly restricted from conducting personal business"? That is a fairly strict test to meet. It means effectively that you could not, for example, engage in leisure activities; do shopping or chores;; and/or be restricted to some on-call location. The classic example of this are firefighters, who while "on call" are restrictred to the station house--they are owed pay for that time. On the other hand, an on-call doctor who has to carry a cell phone or beeper and cannot travel far away (e.g. can't go on vacation) but otherwise can do whatever he or she wants while on call is not owed any pay.
So one fundamental issue is factual. Another is whether you were salaried or hourly--if salaried, your are not owed any additional pay for any number of hours one call or even working.
If you were an hourly employee and your situation was more like that of the firefighters at the firehouse than that of a doctor with a beeper or cell phone, you may have a claim for additional pay. If you think that was the case, it would be worthwhile for you to consult with an employment law attorney to evaluate you potential claim in greater detail.
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 AttorneyPages.com 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.