Legal Question in Employment Law in Texas

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?

Asked on 10/18/13, 8:11 pm

1 Answer from Attorneys

Adam Kielich The Kielich Law Firm

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.

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Answered on 10/19/13, 7:13 am

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