The real question is whether you are properly classified as a salary exempt employee, and I would be happy to analye that for you. But a quick answer is that yes a salary exempt person can be required to take on extra duties. Of course, there should be some kind of trade off such as comp time, but not required.
"On Call" is one of the worst drawbacks to being "salaried". I remember many restless nights from when I was a prosecutor, no comp time. So, I understand the frustration.
If you want me to go over your employment status, I'll need:
1. Approximate salary level. Is it above 75K?
2. What is your normal shift or length of duty on a given day?
3. Are you a licensed professional, nurse, lawyer, etc?
4. Can you describe your duties, management with hiring/firing resp., supervisor over a line, random work sites, etc.
5. How many hours do you work in a week?
No doubt, you are in a tough position, especially in this economy. The salary is in line with your described duties, and it is substantial enough to warrant a salary exemption. When combined with your job duties and schedule, you are probably classified properly.
Now, there is a twist. If for example, you are taking calls and performing duties associated with the "line" hourly workers, outside of normal working hours, you could make an argument that additional compensation is warranted based upon a change of duties. You could also get a determination by visiting your local labor commission, (maybe your state has an internet option). You can also seek a letter from the department of labor federal website.
Now, keep in mind that they may insist that you provide the employer's name, and this could lead to them contacting the employer. You would have protection by making the claim/inquiry, however, the employer may still react in a negative fashion, (just something to consider).
Finally, I would recommend that you contact a local employment lawyer in your area. There is no substitute for a one on one consultation.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).