Legal Question in Employment Law in Pennsylvania

on call shifts

I work at a national clothing franchise and they require their associates to be on call on average of 2 shifts a week. Which means that you have to call one hour before your scheduled time to see if you are needed. Most of the time they tell one no, you arent needed. I am concerned because I currently work two jobs and I am not compensated for the on call shifts if ''i am not needed''. Should one be compensated if its mandatory to have ''on call shifts'' every week and one just has to sit around waiting all day to ''maybe'' have work?

Asked on 5/07/08, 10:34 pm

3 Answers from Attorneys

Robert Weber Robert M Weber Attorney at Law

Re: on call shifts

Unless these on-call shifts violate some type of employment agreement or are blatantly illegally implemented- they are generally legal. Many professionals are on call regularly- doctors, police, and such.

Try and improve the relationship with your boss with respect to an understanding regarding the hours of your other job or try and find another job that is more flexible.

Good Luck,

Attorney Robert M. Weber

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Answered on 5/08/08, 12:47 pm

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: on call shifts

You asked about an on-call arrangement for shift.

I disagree with my colleague. There are clear arguments that a non-exempt (hourly) employee should be compensated for time that they keep clear for an "on-call" shift. The argument would be less clear for an exempt (salaried) employee.

Nevertheless the law can be read to require compensation for the investment of time even though the company doesn't actually require the employee's services.

I would certainly like to discuss this matter and see if there is a potential claim.



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Answered on 5/08/08, 1:01 pm
Robert Weber Robert M Weber Attorney at Law

Re: on call shifts

I just want to say that I agree with what Roger has to say and there are lot of details of the situation missing that may make a big difference in the legality of the policy both on its face and in its implementation.

However, from the perspective of an individual client the cost to gain ratio may not be there for you.

Good Luck

Robert Weber Esq.

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Answered on 5/08/08, 2:26 pm

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