Unpaid "on call" time

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cem0920

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Can an employer force employees to be "on call" without compensating them for being so? This is on top of working regular and overtime shifts. Also, can they enforce this rule only on a portion of their employees and punish and threaten them if they don't or are unable to answer?? This is a new rule that just went into effect with the new year, and employees are expected to answer the phone or call back within 15 minutes, or are punished and threatened to be fired if they don't. It doesn't seem to matter if they are sleeping after working a 12+ hour shift. They are also forced to sign a paper more or less acknowledging that they deserved the punishment, because if they don't, they are punished even more. The reasons for the calls are not emergencies, rather just calls trying to get people to fill in for other employees who have called in sick or are 'no shows'.
 
Mandatory on-call time is legal in all 50 states. Likewise, in all 50 states, you must be paid for any time that you actually work. However, in no state are you required to be paid just for being on call. If you can put a cell phone or pager in your pocket and go about your business, it is unlikely that you have to be paid for any on-call time unless you are called in. On the other hand, if you are tied to a land line phone and must pick up the phone on the first ring, then it's likely that all time would have to be paid. Fifteen minutes might or might not, depending on your state, be tight enough to make the time compensable. Only your state DOL can tell you for certain.

NOTE: The above assumes that you are a non-exempt employee. If you are exempt, then there are no circumstances whatsoever under which you need to be paid a single penny over and above your regular salary, no matter how much on-call time you work or how tight the schedule.
 
On-call time is an oft litigated issue. While each state takes it own approach, most state courts (and federal courts) use several criteria in making the determination regarding pay for "on call" time. As
CBG suggests, the criteria include your freedom to conduct personal business while on call, how often you are called, if you can say "no" to an on call request, geographic restrictions, time to respond, etc.

As an initial matter, you must be paid for time worked if you are an hourly employee. i.e. if you are called and respond, you (at the least) must be paid for the time worked.
 
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