If I am salaried and have to be on call but I’m not paid, is this legal?

We are supposed to pick up or respond in less than half an hour.

Asked on July 18, 2012 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, that is perfectly legal. If you are paid a salary, the salary is your only compensation for all the work you do--you do not receive extra compensation for being on-call or having to respond.

That is the general rule. There is an exception--not all salaried staff are exempt from overtime. To be exempt from overtime, you must be paid a salary AND also meet one or more of the "tests" for exemption. These tests are based on job duties and authority. You can find them at the U.S. Department of Labor website. The main ones to review are the executive (e.g. managerial), administrative, computer protessional, and learned professional exemptions. If you meet the criteria for one or more tests, you are not owed additional compensation.

However, if you do not pass one of these tests, then if you work (not merely being on call, but time spent responding, as well as your regular work hours) exceeds 40 hours per week, you are owed additional compensation for hours worked past 40.


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