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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 57310
Experience:  Licensed attorney helping employers and employees.
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Is there a nj law to cover employees if they are on call and

Customer Question

Is there a nj law to cover employees if they are on call and have to go out to cover the company. The employee can't come in to work because of d.o.t. regulations of 10 hours off. The company not compensating lost hours for regular business hours list unless the employee uses own paid time off.
Submitted: 12 months ago.
Category: Employment Law
Expert:  Infolawyer replied 12 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 12 months ago.

In NJ, on call time is compensable. It is common law. The company cannot make an employee use PTO for working hours or on call hours. If company wont remedy this, there are options.

Expert:  Infolawyer replied 12 months ago.
I am sorry this happened. I will do the following: 1. suggest options for pursuing a case 2. preparation tactics 3. way to find a local lawyer if you still wish to involve one but can save on fees by following steps 1 and 2You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! A lawyer letter alone can often bring about a settlement as the other side realizes that you are serious and gets concerned about its risk and legal fees.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.If I can clarify or explain anything further, just ask me. kindly rate me 5 stars. Kindly rate me five stars.
Customer: replied 12 months ago.
Is there a nj labor law obligating a company to pay an employee regular business hours lost , because of having to cover emergency on call.
Expert:  Infolawyer replied 12 months ago.

12:56-5.6 On-call time

(a) When employees are not required to remain on the employer's premises and are free to engage in their own pursuits, subject only to the understanding that they leave word at their home or with the employer where they may be reached, the hours shall not be considered hours worked. When an employee does go out on an on-call assignment, only the time actually spent in making the call shall be counted as hours worked.

(b) If calls are so frequent or the "on-call" conditions so restrictive that the employees are not really free to use the intervening periods effectively for their own benefit, they may be considered as "engaged to wait" rather than "waiting to be engaged". In that event, the waiting time shall be counted as hours worked.

Expert:  Infolawyer replied 12 months ago.

Kindly rate me 5 stars.

Expert:  Infolawyer replied 12 months ago.

thank you in advance.