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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20393
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Is it legal (companies) in the state of

Customer Question

hello, is it legal for employers(companies) in the state of south carolina to use the system of an " on call system" to where an employee is scheduled to be "on call" the day that they are working although they have worked thier 8 hr shift that day for which they were hired for, to work an additional 4 hrs(To come in 4 hrs early or stay 4 hrs late) each time they are scheduled on call when another employee has either called out for that day or the when the work schedule is short on that day. I am an on call person at least 3-4 times per week on top of being a full time person. The schedule has a great deal of holes. The employees are over worked. if we dont comply to this rule we are either written up or terminated. The employers say that they had to come up with a solution to the call outs and short staffing.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,Thank you for the information and your question, and I am sorry to read about your situation. Assuming that there is no union bargaining agreement or term contract that states otherwise, an employer in SC, like in most states, can work their employees as many hours as they deem appropriate. In addition, no notice is required prior to requiring them to work extra hours. That doesn't make it a good management decision by any means and that probably contributes to turnover because of burn out, but it is lawful absent the contract restrictions I mentioned. Of course, if the employee is non-exempt, they must be paid for all hours worked and overtime for hours worked over 40 in a workweek, but that would be the only restriction assuming they are not pilots or over the road truckers. Again, I do totally agree that this isn't the way to run a business, but it is legal. Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you
Expert:  Marsha411JD replied 1 year ago.
Hello again,I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answers I provided to you on the 13th. For some reason, the Experts on the Site are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I have received neither.Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox. In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: you.