On Call Time

My employer requires me to stay logged into a phone and email system after my regular shift every few weeks all night and the weekend. I have a laptop and cell phone so I can do this from home. Should they be required to pay me even when I am just waiting for calls and emails and not actually working after my normal shift? I only have a certain amount of time to return calls if I miss them, along with email.

Asked on June 27, 2017 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, they do not have to pay you while you are waiting for calls or emails, since you can do other things during that time: watch TV, cook, do chores, read, spend family time, etc. Because you can do other things, the waiting time is not work time and is not compensible. They do have to pay you for all the time you do spend actually receiving and responding to emails and phone calls.

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