Legal Question in Employment Law in Indiana

Exempt Employee ''on call'' 24/7

I am an exempt employee in the state of IN. Normally I work btwn 40-50 hours a week but I am on call 24/7. And if called even in the middle of the night am not compensated for this. Is this legal?


Asked on 2/14/08, 2:58 pm

1 Answer from Attorneys

Phil Gibbons Gibbons Jones, P.C.

Re: Exempt Employee ''on call'' 24/7

To the extent you are exempt from overtime under the Fair Labor Standards Act, your salary is intended to cover all hours you work, including those hours outside of your normal work day. Before accepting that you are not entitled to compensation, however, I recommend that you contact an employment attorney for a consultation regarding whether you are properly classified as "exempt." If you have been misclassified, you may be entitled to overtime pay for all hours worked in excess of 40. Many law firms, including my own firm, offer a free telephone consultation. To the extent you would like to discuss this matter further, I can be reached at 317_706_1100.

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Answered on 2/14/08, 3:27 pm


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