How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8062
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
6 Employment Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

On call Pay Questions

On call pay can be hard to receive for those employees who are not restricted in their ability to move about and continue with their life as normal. However, there are situations where an employee is required to stay in one area and not leave during the on call period. When employees realize that they will not get paid for working on call, it can lead to very unhappy employees and raise questions about on call pay and on call pay laws. When people want to learn more about on call policy and on call laws, they ask the Employment Experts.. The Experts answer a wide variety of questions related to on call pay. Below are five of the top questions answered by the Experts.

Can an employer withhold vacation pay or wages if you refuse to be on call without pay?

An employer can put an employee on call without pay if the employee isn’t severely restricted in the ability to move about. With most everyone having cell phones or beepers, the idea that one is restricted can be hard to prove in court. As far as the vacation time goes, as long as you do not have a contract stating otherwise, an employer can take the vacation time as punishment for you not performing on call duties. However, under the Fair Labor Standards Act, your employer cannot withhold your wages for hours already worked. If your employer is doing this, you should file a wage claim with the state department of labor or the US Department of labor.

When paying an employee on call pay for after hours, do they receive the same hourly or salaried rate, or a reduced on call rate?

Generally, you would pay an on call employee based on how much control you would have over that employee while on call. For instance, if the employee has to stay in the office on the computer, or if the employee has to stay at home and refrain from drinking alcohol, or if the employee actually performs any work while being on call, etc. The more limitations put on the employee will determine that you pay at least minimum wage for each hour the employee is on call and pay for any overtime hours accordingly. If you only require the employee to be available to answer questions that can be done by cell phone, it is unlikely that you would be expected to pay anything at all except for the time that he is actually performing work duties during the on call time.

Is it legal for an employer to not pay on call pay to employee’s but to tell them to take a day off during the pay period as compensation?

If an employer allows employees to take an extra day off from work as compensation for working on call, this is generally completely up to the employer. The employer is not required to offer such allowances to employees, especially if the employees are hired as at will employment. Under the Fair Labor Standards Act, the payment of on call pay is based on what restrictions the employer places on the employees while being on call. If an employee is forced to remain in one area, such as an office while on call, the employer should pay the employee for hours of work performed. However, if there are no restrictions other than being available for questions and they can be reached by phone, the employer isn’t required to pay for on call time. There have been times that the courts state that requiring an employee to refrain from alcohol and responding to a call within a set time frame are considered minor restrictions and do not require an employer to pay for the on call pay.

Is it legal to require an on call employee be in front of the computer at all times?

An employer who expects the employee to be restricted to a desk in front of a computer for long periods of time is being unreasonable. Also, if the employer is going to restrict an employee in this manner, the employer should expect to pay the employee on call pay. If for some reason the employer refuses to pay the employee, this would be grounds for seeking on call pay which a court would order the employer to pay. You may want to consult an attorney about your rights.

Can an employer expect an employee to be on call for an entire weekend without on call pay?

Due to the efficiency of cell phones, it is hard for an employee to argue the fact that they have restrictions severe enough to consider on call pay. If the employer expects you to remain in one area and to perform job duties during your on call period, usually the employee will be paid on call pay. However, if there are very few restrictions such as answering a call within a set amount of time or to refrain from alcohol during the on call period, these restrictions would not be enough to require on call pay.

When an employer doesn’t pay an employee on call pay, it can leave an employee wondering what their rights are and the provisions of on call pay laws. There are some situations that require an experienced insight to Employment law. Before you take the advice of your friends and family, or pay outrageous lawyer fees, you can ask the Experts. The Experts can offer legal insight and find a solution for your individual situation in an efficient and knowledgeable manner.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8062
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
6 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Ron
ASE Certified Technician
Satisfied Customers: 21597
23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
Dr. Y.
Urologist
Satisfied Customers: 18606
I am fellowship trained specializing in general urology and reconstructive urology.
John
Home Appliance Technician
Satisfied Customers: 13453
Appliance repair business owner for over 43 years.

Recent On Call Questions

  • I work for the government as a TSO for TSA, they are in the

    I work for the government as a TSO for TSA, they are in the process of privatizing our airport, which means I either work for the new company or transfer somewhere else(which is impossible for me) The government policy says I have to retire and not receive a severance package while my younger coworkers (who started with me ) are getting a severance package of over 25K plus their retirement when they retire. Their policy states, 55 yrs of age and older with a minimum of 10yrs employment must retire. This seems grossly unfair and I'm sure is this was a private company I would be able to sue. It also states that if you are receiving retirement from the military you cannot receive a pension.
  • received call from hrd on 10/15/14 informing me that i was

    received call from hrd on 10/15/14 informing me that i was being terminated due to being out of work too long which resulted from a car accident on 3/17/14. they said it is effective on 10/18/14. i receive a letter from hrd on 10/17/14 stating that on 10/16/14 they would be changing thier records to reflect the termination, and that my medical benefits will end at midnight on that date (10/16/14). I expected to be paid out for a large number of accrued vacation time on the next scheduled payday which would have been today 10/23/14, but did not. called hrd and was told that i would be paid out in the next scheduled pay period, which will be 11/6/14. can they legally make me wait that long for my pay? and what is the legal time frame to expect any owed monies after being terminated?
  • Hello, My question concerns labor law in NJ. I am a part-time

    Hello,
    My question concerns labor law in NJ. I am a part-time worker in Atlantic County and I am alotted 20 hrs a pay period to work. When I started I was allotted more and never work the full amount. I even gave up hours and they gave me a maximum of 20 hrs. In the past several years I never work the full 20 usually 15 because of other committments. My vacation time and sick time are based on the 20 hrs. recently I have been told I have to either work the additional hours or I must use vacation time to make up the difference. I know supervisors have total authority with scheduling but I would like to know if this is true. It was never an issue before. My time was always optional. I do occasionally work the full 20 if there is a vacation or sickness. Do I owe time back? Thank you.
< Last | Next >
View More Employment Law Questions