Should I be paid for time spent assisting Mgrs on my days off?

On my days off the managers will call and ask questions regarding monitoring
system. They ask me to schedule repairs, but don’t want me coming in to do the
repairs myself. Which would probably take up less of my personal time. Instead
at times I find myself spending anywhere from a few minutes to hours on the phone
coordinating service calls and providing updates. I do ask do you just want me
to come in the manager typically replies it’s not necessary just make
arrangements, place the service call and keep me posted. I’ll get multiple text
messages and calls even after repairs are done. Managers call for updates/status
reports? I asked HR and they said I don’t get paid for that time, that just
doesn’t seem fair or right.

Asked on March 2, 2017 under Employment Labor Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, as you seem to be aware, your managers may call you on day off. The law does not require vacation days or days off to begin with; it's up to an employer to set schedules and determine days off. Similarly, an employer is free to contact an employee on their day off, that is so long as this is not prohibited by the terms of a union/collective bargaining agreement or employment contract. As for getting compensation for work done when you are out, if you are a "non-exempt" worker (i.e. typically one who is paid hourly), you should be paid for any time you spend working and being on the phone with manager/repair people, etc. counts as working. Additionlly, yto the extent that such timeputs you over 40 hours in your work week, you are entitled to pay at OT rates.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.