MustI be compensated for my on-call time?

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MustI be compensated for my on-call time?

I am an A/C tech. I receive commissions on new unit sales and am also paid a flat rate book time (based on an hourly rate). The company requires me to be in uniform and available from 6 am to 4 pm no matter if they have work or not. I also have a rotating on-call schedule that overlaps making it impossible for me to seek part-time employment elsewhere.

Asked on September 22, 2011 under Employment Labor Law, Arizona

Answers:

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

Answered 12 years ago | Contributor

The general rule is that if an employee must be on-call outside of the work place, then they may have to be paid pay for those hours. If the employee has limitations placed on them to the point that they have virtually no control of such time (i.e. they cannot use it for their own enjoyment or benefit) then that employee should be paid. The more restrictions that are on an employee, the more likely it is that they should be for on-call time.

Some considerations in determining payment for on-call time are: the amount of calls that an employee receives during such time (the higher the volume the more likely it is that they must be paid); do any of the calls require the employee to report to work or give advice or over the phone (if so, it is compensable time); how quickly must the employee respond to the call (the more immediate the employee's response the greater the likelihood that they are entitled to pay); are there geographic limitations as to where the employee can go while on call (if they must stay within a limited distance from work then such time should be compensated); and are there restrictions as to what an employee can/cannot do while on call (if, for example, there is ban on alcohol it is more likely that an employee needs to be paid).

So see how the factors apply specifically to your situation. If you think that you're getting short-changed regarding your on-call time, then contact your state's department of labor to file a complaint.


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