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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 54753
Experience:  Licensed attorney helping employers and employees.
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Our staff works a 40 hour shift and gets paid hours because

Customer Question

Our staff works a 40 hour shift and gets paid for 40 hours because they are on call. They are also allowed to sleep. We pay them for the full 40 hours. We have a grant that states we have to allow them 4 hours to sleep in that 40 hour time period, but they do not pay for the 4 hours that states is a rest period.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.

are you asking if you need to pay for the rest period? do they need to be on the job during this time? is this in addition to lunch?

Customer: replied 1 year ago.
I am asking do we need to pay for the extra 4 hours that is included in this time period of 40 hours. Yes they are on the job for the full 40 hours. They get 2 hours extra time for rest that is not paid. The staff works 42 hours with two of the hours off time. Even when they sleep they are responsible for the ladies in our shelter. We are a domestic peace shelter. It is nothing unusual to receive phone calls or clients any hour of day or night. Example of a shift 6:00p.m. on Monday until 12:00p.m. on Wednesday.
Expert:  Infolawyer replied 1 year ago.

they need to be paid for that time since they continue to have work responsibility and are considered on call. If crosses over 40, need to pay overtime. Need to do this to avoid federal and state labor law claims, which are growing more common and being brought by class action at great expense to employers. I hope that is clear and acceptable. Kindly let me know

Expert:  Infolawyer replied 1 year ago.

Kindly rate me positively.