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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 57729
Experience:  Licensed attorney helping employers and employees.
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My husband is salaried at a private firm. s boss sent a memo

Customer Question

My husband is salaried at a private firm. His boss sent a memo saying he is now expected to be on call and available 24/7 and that if his call is not answered or returned immediately, there will be consequences such as no bonus or termination. Is there any recourse?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.

Such on call time has to be paid. He also needs to be paid overtime where he is non exempt. He may also protect the hours and if needed report to the labor board and have a lawyer write the owner about these violations.

Customer: replied 1 year ago.
He is salaried and exempt. Do the same rules apply? Can private firms paying an at-will salaried worker demand 23/7 availability?
Customer: replied 1 year ago.
Sorry that would be 24/7 availability. Always on-call.
Expert:  Infolawyer replied 1 year ago.

It would exempt them from overtime, but they cannot have him work such hours.

Expert:  Infolawyer replied 1 year ago.

Labor boards look at health hazards.