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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.