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legalgems
legalgems, Lawyer
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I work apartment complex and have to be oncall. To cut down

Customer Question

I work for a apartment complex and have to be oncall. To cut down on overtime pay we now have to clock out at 40 hrs. So the overtime I got helped pay for the extra gas used for them 7 days of on call. Is the legal? I live in VA.
Submitted: 8 months ago.
Category: Legal
Expert:  legalgems replied 8 months ago.

The state does not have a requirement for mileage reimbursement; the IRS does allow non reimbursed mileage to be deducted by the employee:

Please see here

If a person is providing services, they cannot be required to clock out. That is a violation of the Federal Fair Labor Standards Act here

An employee who is required to remain on call on the employer’s premises or so close that he can't use the time for personal purposes is working while ‘on call.’” The employee needs to be compensated for the on-call time.

Where employees are not required to remain on or even near the employer’s premises “[a]n employee who is not required to remain on the employer’s premises but is merely required to leave word at his home or with company officials where he may be reached is not working while on call" and need not be paid.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 8 months ago.

I'm sorry; in reviewing your question I noticed my response re: overtime was omitted;

an employer must pay the employee for actual overtime worked at time and a half. They cannot request the employee to clock out as that is illegal and a violation of the Fair Labor Standards Act.

Compensable on call time is when the employer so restricts the employee that the employer is not free to engage in personal activities. Otherwise there is no requirement to compensate for on call time. If they must be physically on the premises, that typically requires compensation.

Please see more information here

http://www.doli.virginia.gov/laborlaw/laborlaw_p2.html

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Expert:  legalgems replied 8 months ago.

Thank you for using Just Answer.
I hope the information provided was useful.

Here is a link to the bar association's legal referral site:
http://apps.americanbar.org/legalservices/lris/directory/

Should you have further questions please post here; otherwise kindly

--- Rate Positively---
so the site credits me for assisting you.

Thank you and take care!