Can a employer call or text on an employee on their scheduled day off without compensation if it’s work related?

My girlfriend has asked her boss not to call or text her on her days off but she she does anyway. It usually relates to work but it’s never an emergency. She is employed in one state but the company is based out of another. From what I understand, the employer has to abide by its home state laws. She’s an hourly employee and an assistant manager.

Asked on February 26, 2012 under Employment Labor Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A company does not have to respect days off, and may make employees work on them--which includes calling or texting them.

If the employee is an hourly employee, she needs to be paid for all work done, including time spent talking to her boss or reading/responding to her boss's texts and emails. Therefore, if your girlfriend spends, say, 20 minutes on her day off talking to her boss about work, or reading/responding to work-related texts, she should be paid for 20 minutes of work (i.e. for 1/3 of an hour, at her hourly rate).


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