Is your employer required to pay you for on-call services?

It’s not on site but we are required to start calling work am hour before our scheduled shift..to see if it is busy enough for us to come in. We must be ready for work at all times..and this usually goes on for about 3/4 hours. Personally this happens to me around 3/4 hours. This has been going on for years and I’m not the only one.

Asked on September 10, 2015 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You must only be paid for on-call time or services if while on call, you cannot at the same time be doing personal chores or tasks or engaging in recreation. If you could be watching TV, doing dishes, cooking your meals, spending time with children or spouse, etc. while checking in or being "ready" to work, this is still not work, and you do not have to be paid. Only if you are restricted from the majority of normal non-work activities during this time might the on-call time itself be considered work time and might you therefore have to be paid.


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