Employment Law

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When salary is based on 40 hr wk + call, shall employee get…

Customer Question
When salary is based...

When salary is based on 40 hr wk + call, shall employee get paid for call hours?

Lawyer's Assistant: Have you documented this or discussed it with HR?

Discussed with supervisor, who is no response to $ compensation or "comp time". She stated this is what we "signed up for', yesterday

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

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Hostile work environment that is psychologically abusive and neglectful.

Submitted: 6 months ago.Category: Employment Law
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Answered in 3 minutes by:
1/7/2018
Employment Lawyer: John, Employment Lawyer replied 6 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,010
Experience: Exclusively practice labor and employment law.
Verified

A salaried employee would not be paid anything additional for on-call time. A salaried employee is paid the same amount each week regardless of how many hours worked that week. The salaried employee could theoretically be required to work all day/night without additional pay.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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Customer reply replied 6 months ago
This on call activity prevents me from the RN position I was hired to do, doesn't involve RN job description and is emotionally suffering I think contitutes abuse and neglect
Employment Lawyer: John, Employment Lawyer replied 6 months ago

What is the difference between the job duties that occur on call versus RN?

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Employment Lawyer: John, Employment Lawyer replied 6 months ago

And what percentage of the time are you on call versus RN?

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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.

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