I am a salaried employee who is required to be on call 24 hrs a day at least three days a week. I am often called in the middle of the night and on weekends. I feel restricted. My employer says that I am a salaried employee and do not get compensation for being on call.
Employment / Labor Attorney
If you are properly classified as exempt from overtime laws and you are paid on a salary basis, then you would not be entitled to extra compensation for on call time. If you are not exempt (or if, in your case, you are misclassified as exempt from overtime laws), then on-call pay does not have to be paid unless the worker is actually called back or receives a phone call at home. It would be permissible to require employees to be on call but the employer must pay compensation for any time spent taking calls or working for the employer. Hope that helps. -Don
Sexual Harassment Attorney
This is true if you are exempt, but employers very often try to make employees "exempt" and classify them as such improperly because... THEY SAVE A TON WHEN THEY MISCLASSIFY EMPLOYEES!!!
I would make sure you are properly classified by checking with an attorney in your area.