Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I am an RN a small hospital which is part of a large

Customer Question
hospital system in Indiana....
I am an RN a small hospital which is part of a large hospital system in Indiana. On days when our census is low the hospital makes us take the day off for no pay and we are supposed to use our accrued vacation pay to pay ourselves or we can take no pay at all. When we get a low census day we are still on call for the hospital. So if we have the opportunity to work someplace else we can't because we are on call. We do not even get call pay for the day ($1.00 an hour) I don't know how the hospital can justify having us on call and not paying us at all.
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 4 minutes by:
1/16/2016
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,450
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately they can justify it, because as the law currently stands right now on call time is not compensible time. If you are allowed to be at home, courts have repeatedly held that that time is not paid time unless and until you get called into work. Regrettably, this is well-settled law, meaning that unless a change is made in the statutes concerning compensible time, there is no further argument on this matter in the courts.

As for requiring you to pay for the time they require you to take off with your vacation, this is also permissible as vacation is not legally required by any state or federal law. Because of this, the employer can place those limitations on that vacation that they want to...including requiring its use if you wish to paid for time that you are not scheduled to work.

I wish I could tell you differently here, but none of the facts that you outlined here touch on any illegal activity by the employer. Immoral and unfair, yes...but not illegal.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

Ask Your Own Employment Law Question
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,450
19,450 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

19,450 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Employee calls out 7 of 21 days for different issues. Last
Employee calls out 7 of 21 days for different issues. Last week he does a no call no show and doesn't get in touch with anyone until 5 hours after he is supposed to be on shift. He tells us he has can… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
19,450 satisfied customers
My supervisor called me in for a meeting, when I got there
My supervisor called me in for a meeting, when I got there he had another person sit in as a witness. We discussed that he felt I was bullying several other employees, as we were talking I noticed tha… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
19,450 satisfied customers
I work at honda and missed 1-8-2018 called sedgwhich and
I work at honda and missed 1-8-2018 called sedgwhich and reported my absence and told them i wasnt sure of what leave i would take until i knew what my doc thought it was the flu monday urgent care sa… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
We have had some employees call out of work this week for
We have had some employees call out of work this week for snow days. They are entitled to (2) sick/personal days according to our handbook. The owner came in today and requested that I hang up an adde… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is inv 41 reponse mandatory or just phone call is enogh? My
is inv 41 reponse mandatory or just phone call is enogh? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Do I have to call in and speak to my direct manager to call
Do I have to call in and speak to my direct manager to call out or can I use email? I have already requested my leave through Cigna? I live in Georgia.… read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
When salary is based on 40 hr wk + call, shall employee get
When salary is based on 40 hr wk + call, shall employee get paid for call hours? … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I was an employee. I called out sick one day. My boss called
I was an employee. I called out sick one day. My boss called me to see what was wrong because I do not call in sick. I told her why. Then she went and told everyone. To head staff and employees. … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I called into work on Wed. and they said I didn't call in on
I called into work on Wed. and they said I didn't call in on Thurs. But I did call in on Fri. I called to get the days covered under FMLA. My boss said they sent me a letter regarding my employment bu… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
Managers are taking tips from employees mangers are calling
managers are taking tips from employees mangers are calling employees f**king little bitches,,among other names when asked to return tips from managers,,,i was told that by a mangers,,i was also told … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
If one employee is paid for on call time do all employees
If one employee is paid for on call time do all employees get paid for on call time ? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I was called in under questioning at work and told to go
I was called in under questioning at work and told to go home with pay. Does this mean I'm bring fired? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was called by work on Friday after Thanksgiving. I
I was called by work on Friday after Thanksgiving. I estimate I worked some 30 hours from Friday to Sunday. On top of that I was scheduled to take the following Monday thru Friday off. I was asked to … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
I was fired yesterday over a phone call, by the owner of
I was fired yesterday over a phone call, by the owner of company. i was the regional director. i have to file for unemployment for i am married with 3 children to provide for. need your expert advise … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was working as demolition man for a company called jwt&a
I was working as demolition man for a company called jwt&a for a little over a month I began to ask a few questions about the sanitation and made a couple suggestions on how to improve with no results… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I worked for a huge company called Architectural Graphics,
I worked for a huge company called Architectural Graphics, Inc for seven years. About 500 employees just in their Virginia office. Only two females work in the shop with all the men. I was let go for … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I worked for a company for 25 yrs, I was on call for
I worked for a company for 25 yrs, I was on call for emergency calls everyday for 10 yrs. Yes I would gets calls if the responsible party would not answer his/ her calls or the answering service had q… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I quit a company but I called into there conference call a
I quit a company but I called into there conference call a couple times after I left to see how the managers were. Can they do something to me legally… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x