Employment Law Questions? Ask an Employment Lawyer.
Thank you for the information. If you are asking if there is anything unlawful in your employer's policy that distinguishes between "on call" periods and regular working hours, the answer would be no. An employer is generally free to set and change the terms and conditions of employment as they deem appropriate. The only exceptions would be if there were a union bargaining agreement that stated otherwise, or if the employer were only targeting one employee for different adverse treatment because of their gender, race, national origin, age (over 40), disability, religion, pregnancy or military service. So, although the policy may not seem fair or to make sense, it would be lawful unless the exceptions I mentioned apply.
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Yes, that is correct, it is legal unless one of the exceptions I specifically mentioned previously applies. And yes, unless you have a specific term contract that limits all of the parameters of your job (duties, hours, pay, etc.) the employer can always change the terms and conditions. So yes, again, they can change your duties and your availability requirements. If you are not available how and when the employer deems it necessary, they can either accept your limitations, reduce your hours, change your duties anyway, or terminate your employment.
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