N
Nikki1982
Guest
- Jurisdiction
- Wisconsin
I think I know the answer to this but thought I would reach out.
Background: An employee is on salary (making over $47,476, 29 C.F.R. part 541 - so exempt from overtime) and putting in their mandatory 40 hour salary work week. Employee is asked to be on-call (first one and often times the only one that can handle a situation) during the weekend.
Situation: In the past this just meant keeping your company provided phone on you and being available in the situation where you are needed. There was no compensation (outside of your normal salary) for this.
Now my question: How far can an employer go? For example, can an employer say that the employee who is on-call cannot go to a party, or have a few drinks? Can an employer call the on-call employee over the weekend to "check up" on them to ensure they are not, say, at a movie theater? Can an employer essentially limit ones life outside of work if that employee is on-call?
In the example above, the on-call would be switched between a group of people over a month. I'd also like to know how this would affect someone if they were on-call all the time (24/7/365 - essentially limiting their entire life).
I'm fairly certain that the employer has all legal rights to do this, and the employee must follow the request or risk losing his or her job. Am I right on this?
Background: An employee is on salary (making over $47,476, 29 C.F.R. part 541 - so exempt from overtime) and putting in their mandatory 40 hour salary work week. Employee is asked to be on-call (first one and often times the only one that can handle a situation) during the weekend.
Situation: In the past this just meant keeping your company provided phone on you and being available in the situation where you are needed. There was no compensation (outside of your normal salary) for this.
Now my question: How far can an employer go? For example, can an employer say that the employee who is on-call cannot go to a party, or have a few drinks? Can an employer call the on-call employee over the weekend to "check up" on them to ensure they are not, say, at a movie theater? Can an employer essentially limit ones life outside of work if that employee is on-call?
In the example above, the on-call would be switched between a group of people over a month. I'd also like to know how this would affect someone if they were on-call all the time (24/7/365 - essentially limiting their entire life).
I'm fairly certain that the employer has all legal rights to do this, and the employee must follow the request or risk losing his or her job. Am I right on this?