Can an employer in Pennsylvania mandate I stay over night at work if I am not paid for it?

My girlfriend works 40 hrs a week and
does two overnights in that time frame
the employer says you don’t get paid
for it because you sleep. She goes into
work on Tuesdays at 230pm send gets off
Thursdays at 1030pm. If she has to
sleep there and not get paid for it
then why can she not sleep at home with
her children

Asked on February 26, 2016 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If she is required to stay onsite by her employer, it is work time, and if she is hourly, she must be paid for it. If she could go elsewhere and report only for work, that would be different, even if she had to, say, rent a nearby hotel room because it's too far as a practical matter to drive back and foeth between shifts, they would not have to pay her; but being required for the employer's benefit to stay at work is what makes it work, even if she is not working (i.e. she is sleeping) every moment. She should have a claim for wages based on what you write, and may wish to speak with the department of labor about it.
 


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