If I’m salaried and on call 24 hours a day 7 days a week, what are my rights for working less hours?

There been times when I’m on vacation they call me to ask question. In my job description nowhere does it state that I have to be on call for 24/7. I have come to them several times stating that I am getting burnt out and its causing health concerns. Is this legal for them to do this. If I quit, would I qualify for unemployment benefits? I’ve been working there for 10 years.

Asked on August 6, 2015 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A salaried person does not have any rights to work less or work fewer hours or to not be on call 24/7; employers can require employees to work 24/7/365 if they want, and if the employee is an exempt salaried employee, the employer does not even have to pay him or her any additional compensation for this. (Hourly workers at least would get paid for all hours spent working.) You may have to seek a different job, if you no longer wish to work under these conditions or hours, since your employer can continue requiring this of you.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A salaried person does not have any rights to work less or work fewer hours or to not be on call 24/7; employers can require employees to work 24/7/365 if they want, and if the employee is an exempt salaried employee, the employer does not even have to pay him or her any additional compensation for this. (Hourly workers at least would get paid for all hours spent working.) You may have to seek a different job, if you no longer wish to work under these conditions or hours, since your employer can continue requiring this of you.


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