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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111548
Experience:  20+ Years of Employment Law Experience
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Is this free? I am just looking up something sister and her

Customer Question

is this free? I am just looking up something for my sister and her current job. which is crazy
JA: The Employment Lawyer's require payment for their services. It's way less expensive on JustAnswer than face-to-face would cost. Because employment law varies from place to place, can you tell me what state this is in?
Customer: Minnesota
JA: Have you consulted a lawyer yet?
Customer: Oh no, myself and a neighbor of hers are looking into it.
JA: Please give me a bit more information, so we can help you best.
Customer: Well she works for a company that fixes and fills prescription machines at nursing homes. Is on call at all times, 24/7 and is being tracked at all times and drives her own vehicle.
JA: Is there anything else important you think the Employment Lawyer should know?
Customer: She is only paid for while driving to a facility and the time spent there.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 6 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.

What is your specific question about this?

Customer: replied 6 months ago.
Is she working under legal guidelines and can she be on call 24 hours a day everyday without pay so she is unable to plan a single thing without being called in. She is not on salary.
Customer: replied 6 months ago.
I previously had said that she is paid only while driving her vehicle to the required nursing home and while at the facility. But she has to take calls from the facilities at all times anywhere and has to always have her cell on and ready to receive a call.
She drives to three facilities a hour away give or take a few minutes
Customer: replied 6 months ago.
They provide a cell phone to her to use, they do track her at all times and has to only go where there is signal
Customer: replied 6 months ago.
I am asking if she is working under decent and ethical legal terms. Can her employer legally hire someone under these provisions? She works for Alixa RX, out of Eden Prairie in Minnesota. In order for her to not have a phone turned on and ready to work at all times she has to use holiday pay.
Customer: replied 6 months ago.
The first question I asked is not closed because I never had a chance to get any answer to anything yet. So please respond to this. Thank you.
Expert:  Law Educator, Esq. replied 6 months ago.

Thank you for your replies. I sincerely ***** ***** not responding sooner, but it seems the question was locked up by customer service for some time and I could not reply.

Under the Fair Labor Standards Act, the US Department of Labor says employees must be paid only for time spent doing the work of the employer. The US DOL states that on call pay is not due to an employee unless the employee's movements are so restricted that the employee has to remain in one place waiting to get called. If the employee is free to do their personal business within reason and with limited or minor restrictions, then they are not entitled to collect on call pay. So the law would say she is entitled to pay from when the phone rings and she is doing the work of the employer until when she ceases doing the employer's work.

Employment in AZ is at will, so yes, the employer can hire her under these terms and as long as she is being paid for all time she is doing the work of the employer they are not violating the law.