On call compensation
UPDATED: Sep 30, 2022
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On call compensation
I work a 40 HR work week. And know also
required when not on my shifts to be
oncall 7 days a week 24 hrs a day. They
do not pay for my personal cell. No pay
on less I get called. And required to
go out or find coverage. Can not have a
personal life is this legal for a
company to do.
Asked on January 15, 2017 under Employment Labor Law, Texas
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
First of all, your employer is not responsible for paying for your cell phone bill, regardless of the fact that you must use it for work (although you may be able to deduct such time on your tax return). Secondly, if an employee must be on-call outside of the workplace, then they may have to be paid pay for that time. If the worker has constraints placed on them so that they have little control of the time that they are on-call (i.e. they cannot use for their own enjoyment and/or benefit), then that employee should be paid. As a general rule, the more restrictions that are on an them, the more likely it is that they should be paid.
Some considerations taken into account as to whether not this time that should be paid are:
The amount of calls that the worker gets while on call (the more they get the more likely the time must be paid);
The amount of time in which the worker has to respond after receiving a call (the more immediate the response must be, the greater the likelihood that they are to be paid);.
The geographical limitations, if any, as to where the worker can go while on call (if they must stay within a limited distance from the workplace, the more likely is is that they need to be paid for their time);
The restrictions, if any, as to what an employee can/cannot do while on call (the more there are the greater the liklihood that the worker needs to be paid).
For further information, you can contact your state's department of labor.
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.