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I work for a company full time. I am always on an on call…

I work for a...

I work for a company full time. I am always on an on call status but I only get paid when i I'm paged for the time on the phone or when I go out. However, I'm never allowed to go anywhere or do anything. I'm always being held. I feel like I should be getting paid for that time as well. Is that legal?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

No, I wasn't sure if how I was treated was legal or not.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At wll

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

The company is IBM and I work in North Carolina

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Answered in 3 hours by:
4/23/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,624
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Regrettably, this is well-settled law. On call time is not compensible time unless you are called into work, or have to answer the phone (actually work time). The only situations where it can become compensible time is if you are required to be in a specific location or if you are required to be close enough to a location to arrive there within a very short period of time, like 10 to 15 minutes at most.

Then courts have found a sufficient restriction on your liberty to make it work. Otherwise, it is not compensible time.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,624
Experience: Employment/Labor Law Litigation
Verified
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Satisfied Customers: 20,624
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Experience: Employment/Labor Law Litigation

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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