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Our business calls are forwarded to my cell phone every day and on weekends and I am expected to answer. Do they have to pay me

Asked over 2 years ago - Grove City, OH

I work in an office that forwards the phones to a company cell phone. I am expected to take the phone every night and every weekend. My boss even calls me at night to make sure that a situation has been handled sometimes. My boss says that he does not have to pay me because I am not answering the phones all night. However, there are times that I recieve calls in the middle of the night. Is my boss legally required to compensate me for this time?

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Attorney answers (2)

John Michael Drain Jr.

Reputation Level 13

Answered over 2 years ago. Divorce / Separation Lawyer in Cleveland, OH.

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It's a little difficult to answer this question without answering the larger question as to what your terms of employment are. Assuming you don't have a written contract of employment and are not in a union and are on salary, it may be considered part of the job. If you are hourly, it may be a different story, for that you may want to check with the wage and hours division of the Department of Labor to see if you have a claim.

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Ryan Francis Stephan

Reputation Level 8

Answered over 2 years ago. Employment / Labor Attorney in Chicago, IL.

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Fielding telephone calls is compensable work. Therefore, if you are paid hourly or have been misclassified as an exempt employee, you may very well be entitled to compensation for all the time you spend answering telephone calls. Moreover, if you are required to be on call, you may entitled to compensation for the time you are engaged to wait for these calls.

We have helped office staff, assistant managers and other employees recover unpaid wages for time spent answering telephone calls. If you have any questions or want more information on your rights, feel free to contact us.

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