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LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 35392
Experience:  30 years legal experience and I keep current in Employment Law through regular continuing education.
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My boss wants to send a note to all salaried employees

Customer Question

my boss wants to send a note to all salaried employees telling them they are on call 24/7 - espeically if they have a company phone. What are the legal issues around this? Our handbook does not address on-call for salaried employees - we are in Colorado
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Colorado
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Al will, non-union, full-time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 11 days ago.
Category: Employment Law
Expert:  LawTalk replied 11 days ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Under the present CO employment law, as well as federal wage laws, any employee who is paid as a salaried exempt employee, may be told that they must be on call during non-business hours and they are not entitled to be paid anything extra for actually being on call, or actually taking a call and performing work related to a call.

If hourly employees are placed on call, if they take a call and perform work related to that call, they must be paid their hourly wage for the time spent taking the call and any follow up work related to that call.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please know that I answer your questions in good faith, providing you with the information that you ask for, and I do that with the expectation that you would act likewise, and rate my service to you. Rating me costs you nothing as you have already paid the deposit for my help, or you are a subscription customer already. All rating does is ensure that I am paid for my time in working with you. So, please do be sure to rate my service to you. Rating is accomplished by clicking on the rating-stars on your page. Thank you in advance for your positive rating.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 11 days ago.

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service, It is greatly appreciated,

Doug