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EMPLOEE PAID BY THE HOUR. IS IT ILLEGIAL FOR MY EMPLOYER TO…

Customer Question
I AM AN EMPLOEE...

I AM AN EMPLOEE PAID BY THE HOUR. IS IT ILLEGIAL FOR MY EMPLOYER TO EXPECT ME TO BE ON CALL EVERY HOUR I AM NOT WORKING IN HOUSE AND NOT REEMBURSE ME FOR THOSE HOURS?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

OREGON

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

FULL TIME AND I AM NOT SURE WHAT AT WILL MEANT - BUT NOT UNION

Submitted: 8 months ago.Category: Employment Law
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Answered in 1 minute by:
11/13/2017
Employment Lawyer: John, Employment Lawyer replied 8 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,013
Experience: Exclusively practice labor and employment law.
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Employment Lawyer: John, Employment Lawyer replied 8 months ago

Generally it's not going to be legal for the employer to constantly have you on call without pay. There are number of factors that go into the determination of whether on-call time should be paid. One of the factors is whether it's a constant mandatory requirement of the job, which would support the finding should pay. The Department of Labor states as follows:An employee who is required to remain on call on the employer's premises or so close thereto that he cannot use the time effectively for his own purposes is working while “on call”. An employee who is not required to remain on the employer's premises but is merely required to leave word at his home or with company officials where he may be reached is not working while on call.

The question is whether you are able to use the on-call time for your own purposes – such as doing grocery shopping, working at her house, traveling etc. They consider how long the on-call time is, what if any mandates you have to get to the job is certain amount of time, however often you are called then, how often you are on call. In your case, since her constantly on call, I would be of the opinion that your on-call time should be paid. However, only the Department of Labor or a federal judge can make a ruling on this. I would encourage you to either file a complaint with the Department of Labor for routine local employment counsel to file a lawsuit against the employer.

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Employment Lawyer: John, Employment Lawyer replied 8 months ago

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