How to determine the minimum compensation for exempt employees for off hours assistance?

I have a team of exempt employees with a rotating beeper schedule. The current process is that if the resource carrying the beeper needs assistance they call another team member. The other team members are not scheduled for the beeper. Is there a minimum amount of time the assisting team member is required to be compensated. In essence s/he is being asked to work during unscheduled time.

Asked on July 23, 2012 under Employment Labor Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, under the laws of all states in this country, if you ask an employee to work during unscheduled time (for example, evening hours, holidays, or weekends), then the employee should be compensated for the time being "on call" if he or she is paid hourly.

Most likely such time will be deemed "over time" hours if the employee is paid hourly as opposed to being on a salaried position.


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