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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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If you have a live in position and you work and get paid 12

Customer Question

If you have a live in position and you work and get paid for only 12 hours and can't leave the job is that legal
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

This is Samuel and I will discuss this and provide you information in this regard

Please tell me - are you "on call" during the time you are not working? In other words, when you are done your 12 hour shift are you there because you may be needed?

Do you have sleep time? OR are you expected to be at the ready with your sleep disturbed?

Do you have a contract ?

Customer: replied 1 year ago.
sleep time is to be 830pm to 7am yes you're required to get up if needed I and staff a paper saying how our schedule is to and we receive a copy
Expert:  Sam replied 1 year ago.

Thank you

An employee who is required to be on duty for less than 24 hours is working even though he or she is permitted to sleep or engage in other personal activities when not busy. An employee required to be on duty for 24 hours or more may agree with the employer to exclude from hours worked bona fide regularly scheduled sleeping periods of not more than 8 hours, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night’s sleep. No reduction is permitted unless at least 5 hours of sleep is taken.

That means, that if you have signed an agreement for the position with the understanding you would have time to sleep then there is no additional wage due.

However, when an am employee is required to stay at the workplace or is so near the workplace that he or she cannot use his or her time freely, the employee is engaged to wait (on duty). In such cases, the employee must be compensated for this time.

In your scenario, it appears that you are given the time "off" to sleep and even though you may be called to duty, you would only be entitled to those hours of compensation and if all your hours you are actually working exceed 40 hours in a week, you are entitled to overtime pay at time and a half.

Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please post them here. Otherwise, I appreciate your Positive Rating as that is how I get credit for my time and information.

Thank you