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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110363
Experience:  20+ Years of Employment Law Experience
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I am a salaried social worker hospice agency here in AZ. The

Customer Question

I am a salaried social worker for a hospice agency here in AZ. The company that I am working for, is the only one that doesn't pay us an hourly fee to carry our pager, or answer patient calls, but will pay if we make a patient a visit, is that legal?
Also, they have laid off a lot of people, and I am currently the only social worker left in the company, which means that I have been on-call 24/7 for over a month, without pay, without back up, and will only get paid, if I make a visit, but not for being tied to metropolitan Phoenix during the weekends, and not being leave to go out of town for anything
Submitted: 4 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
On call pay is not mandatory under the Fair Labor Standards Act or the AZ wage act. Whether or not an employer pays on call pay in a case of a salaried employee is up to the discretion of the employer as long as (come December) they are paying the salaried employee a minimum of $47,476 per year (right now $23,600 per year). If you are making that base amount, the employer has no legal duty to pay on call pay, even if you cannot travel as you would like to travel because of being on call.
If they will not hire anyone to work with you and share the burden with you, then it is time for you to reevaluate your time with them coming to an end like those before you did. Legally they do not have to pay you for on call, so you have to negotiate it with them or look elsewhere to get a better job.