Legal Question in Employment Law in California

overtime for IT professionals

I am an IT professionals whose title has the word manager in it. I am paid by the hour. I am required to be on call one week of every month. During the off hours I am not compensated unless I am paged. My lifestyle is impacted however because I am expected to be near a computer with internet access at all times so that I can respond to a page expeditiously. Is my employer required to compensate me as an hourly worker for these on call periods in which my activities are restricted?


Asked on 2/02/05, 7:38 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: overtime for IT professionals

It depends on whether you are truly restricted in your personal activities. If the employer's policy requires a response within a particular period of time which includes being near an internet connection then you may be entitled to compensation. On the other hand if you can meet your obligation by returning a page and walking a person through the problem on the phone, you may not be so enetitled. This is highly fact specific and will require an analysis of your specific situation.

If you would like to discuss this matter further, feel free to contact my office.

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Answered on 2/05/05, 1:52 pm


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