What is the legal minimum an employer can pay me while “on-call”?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is the legal minimum an employer can pay me while “on-call”?

When “on-call” I am required to stay close enough to the store to be there within 5-10 minutes after receiving a phone call. My time on the clock after a phone call may be from 10 minutes to the rest of my “scheduled” shift? This is a daily situation. We are currently being paid “on call wages” of $1.00 an hour.

Asked on December 2, 2011 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to speak with an employment attorney to evaluate your situation in detail; it's worthwhile to do so, since you may have a claim. That's because while there's no need to pay an employee at all for being on call if (s)he is free to go and do what he wants--if like a doctor, (s)he merely needs to have his/her phone with him/her--the fact that you are restricted to withing a 5 - 10 minute radius of the store may be restrictive enough to be considered to be "working." After all, if you had to be onsite while on call, that would undoubtedly be considered work, even if the "work" was just sitting around. Being *very* close to your place of business may be sufficiently restrictive and sufficiently like having to be onsite to qualify as work, too. If it does, you would need to be paid at least minimum wage ($7.75 per hour). It's not clear you have a cause of action, but from what you write, you may--it's worth taking the time to consult with an attorney in detail. (Many provide a free initial consultation.)


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption