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Attorney2020
Attorney2020, Lawyer
Category: Employment Law
Satisfied Customers: 2578
Experience:  I have significant experience in employment law.
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I am checking on some things that dont seem correct for my

Customer Question

Hello Pearl, My name is***** am checking on some things that dont seem correct for my wife. She is a part time mail carrier. Her boss and co workers keep telling her that she is required to be on call every day and ready to report to work when called. Is this correct and legal?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Pennsylvania
JA: Is the employment agreement "at will," union, full time or part time?
Customer: part time.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I cant think of anything at the moment.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Attorney2020 replied 2 months ago.

No. If the employee is on call to the extent that she cannot enjoy her life, that could be viewed as on-the-clock work entitling her to payment. She could make an issue of this. However, making an issue of it could get her disciplined or terminated.

She could subtly mention it and inquire as to what is she in fact required to do while "on-call" and how likely would she be actually called in to work. First get a feel of this on-call arrangement to gauge the actual restraint on outside of work activities that the on-call requirement will cause on her life and then broach the discussion of being required to perform work off-the-clock if the restrain on normal life activities interferes with her normal life outside of work that she is not being paid for.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Expert:  Attorney2020 replied 2 months ago.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Expert:  Attorney2020 replied 2 months ago.

I need a rating to be credited for my time and efforts. Please rate my answer.

Expert:  Attorney2020 replied 2 months ago.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.