If I’m a salaried exempt worker how does on-call after hours work regarding compensation?

I am a care manager for a home care company. I typically work 8:30 am to 5:30 pm Monday through Friday. I am on call after 5:30 pm until 8:30 am every day during the week I am on call and the complete weekend starting Friday 5:30 pm until Monday morning at 8:30 am. I am expected to answer phones, staff the cases, make phone calls, document in the computer and

going out in the field if there is an issue at a clients home. I am also expected to go out and do assessments if I get a call that someone wants to start services. This is usually a 2 to 3 hour scenario when it happens. If someone passes away I am expected to go out and help the caregiver and their family. At this time I am not being paid to do any of this. I have been

told that this is part of my job. Does this sound correct?

Asked on May 23, 2016 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A salaried employee can be asked to work "on call" hours without any additional pay. That is as long as this does not violate the terms of a union agreement or employment contract. Also, their treatment must not constitute some form of legally actionable discrimination. The fact is that in an "at will" work relationship, an company can set the conditions of employment much as it sees fit. Additionally, even if you were non-exempt, there are certain rules as to when on call time is compensable.

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