My work schedule is consist of 12 days 4 days on shift 4 days on call and 4 nights shift and 4 last call (off). My question is by law should we be compensated on the 4 days that we are on call?
1 Answer from Attorneys
Maybe. The standard test is whether being on call restricted you from doing the things you would normally do during that time. There is no clear distinction except for a few fields where all courts pretty much agree being on call for that job does not affect your ability to carry on with your personal affairs. The more of your normal tasks you can perform during your on call periods the less likely you would prevail on a claim for unpaid wages during your on call time.
Some examples of restrictions on your time that courts tend to view as restricting your personal business to require the employer to pay you for on call time include: requiring you to appear at the employer's worksite within a short period of time (e.g. 15 minutes); requiring you to stay at the worksite during the whole on call period; require you to stay within a certain geographical distance of the worksite in a way that prevents you from doing things you would normally do during that time.
Related Questions & Answers
I had a 6-month contract with an employer, with a non-compete clause. After working... Asked 10/17/13, 6:44 am in United States Texas Labor and Employment Law
Hello, i wanted to ask what i should do regarding a incident. I was working for... Asked 10/15/13, 7:26 am in United States Texas Labor and Employment Law
I got demoted from my manager position to a cashier they want to force me to quit my... Asked 10/08/13, 7:28 pm in United States Texas Labor and Employment Law
Can a past employer give the reason why you were fired to a employer that is... Asked 9/26/13, 10:17 am in United States Texas Labor and Employment Law
May an employer fire you after you submit your letter of resignation? Asked 9/25/13, 3:53 pm in United States Texas Labor and Employment Law