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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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I have worked 24/7 on call years, salary plus day rate while

Customer Question

i have worked 24/7 on call for 10 years, salary plus day rate while on job.
now due to hourly/overtime lawsuits, my complete salary and day rate has been taken away, working strickly by hourly pay now, with over time over 40 hrs. im still on 24/7 call, but i only get hours when i go out for a job. sometimes i do not get a job for 6-8 weeks, is the employer required to pay me some sort of guarantee pay while i sit at their mercy unable to plan any activities waiting to be called out at any given time.
Submitted: 6 months ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 6 months ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. Unfortunately, your employer is not required to pay you a guaranteed minimum or other amount. "On call" pay is difficult under the Fair Labor Standards Act, but typically the main consideration is the degree of freedom that you have. That is, if you can still do what you want to do during that time (go see a movie, run errands, etc...) then you don't have to be paid for it. But if you have to be on site at the employer's address or available within a very short period of time (5-10 minutes) then that is more likely to have to be paid. Louisiana is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion. So they do have the right to set pay schedules, etc... Now you MAY be entitled to partial unemployment. You may be eligible to receive partial unemployment benefits if you are employed at your regular job but your work hours have been reduced temporarily to less than full­time and you are currently earning less than your weekly unemployment benefit amount. If you choose to file a partial claim for benefits, you do not have to make an active search for work with other employers during those weeks. You can find out more about that, how to file a claim, etc... here: http://www.laworks.net/Downloads/ui/lwc87w.pdf Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!