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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19767
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Dialysis nurse company, that has A contract with

Customer Question

dialysis nurse for outside company, that has A contract with the hospital. ( I actually work for another hospital but I'm helping out), the problem is on-call from Sat. Midnight -7am. Than work 7am-7pm. Than on-call 7pm until SUN. Midnight.I have told them no, sche. Has not been changed.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,Thank you for the information. I will assume that your question is whether or not this action by the employer is legal or whether you have any recourse. Although no one but the State DOL can conclude whether or not this violates Act 102 which makes certain mandatory overtime unlawful, since they make the final decision based on some very specific facts from both the employee and the employer, it does sound like you might have a valid complaint. The reason I say that is two-fold. One is that this is not something you agreed to and two the "on-call" time might not fit the exception under the law. You can see a good discussion of the law and find the complaint form that you can file with the State by going to the following link: http://www.portal.state.pa.us/portal/server.pt?open=514&objID=614498&mode=2 Please let me know if you need any clarification after you have had a chance to review the DOL information.
Expert:  Marsha411JD replied 1 year ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 23rd. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.