if your employer doesn’t have an on call policy do you have to answer your phone?

UPDATED: Oct 1, 2022

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if your employer doesn’t have an on call policy do you have to answer your phone?

If you work in maintenance and you go home from work for the day but they trip a breaker on their production line and need it reset but choose to operate without off shift maintenance do you have to answer your phone when they try to call you in?

Asked on November 26, 2018 under Employment Labor Law, Indiana


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

Answered 4 years ago | Contributor

Unless being on-call violates the terms of an exisiting employment contract or union agreement, then you have no claim here. The fact is that most work relationships are "at will" which means that a company can set the condtitions of work much as it sees fit (absent some form of legally actionable discrimination or the like). Accordingly, you can be made to work after hours. That having been said, if you are a "non-exempt" employee (typically one who is paid hourly), then you are entitled to be paid overime for all hours you work over 40 in your work week.

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