My employer has suddenly demanded that I be on call 24/7 because they promised a customer this type of coverage.
3 attorney answers
As with so many issues that arise in the employment arena, the answer is dependent upon the particular circumstances of the individual's employment. For example, is the person asking the question an employee in the public sector whose rights may be governed by a collective bargaining agreement? Does the individual have a contract of employment for a term of years or is the individual an employee at will subject to termination for any reason or no reason? Is the individual's employment subject to the overtime and/or spread of hours provisions of state and/or federal labor laws? Answers to all of these questions and others would necessarily factor into any advice we might give to someone asking this question. The best advice we can give without more knowledge of the facts of the particular situation is to suggest that the person making the inquiry consult an experienced employment attorney in her or his area.
Absent a union contract or an individual contract, they can do this.....but they can be on the hook to you for minimum wage and OT under certain circumstances. Please consult an employment lawyer in Vegas.
If you have an employment contract that deals with this issue then you may have legal recourse. In addition, if you are being treated differently than other similarly situated employees than you may have a claim of discrimination. Also, there may be wage and hour issues associated with an on call arrangement that you should be sure to monitor. You should probably do a consultation with an attorney to flesh out some more of the underlying facts and address the issues I raised.