Under what conditions is an on-call employee entitled to compensation?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Under what conditions is an on-call employee entitled to compensation?

An employee agreed to be on a voluntary call back list at work. They were to perform work duties after hours and 1/2 way to the job they were called again and told that they were no longer needed. Is the employee entitled to some compensation?

Asked on June 4, 2011 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Being on call itself does not entitle one to compensation, if while on call one is more or less free to do what one wants, subject to merely being able to be reached or called. However, when called in, that constitutes work, and however long they were working after their normal shift would be something they need to be paid or compensated for. For example, in what you write, if they were called in, started traveling, then were told they were no longer needed, they probably should be compensated for the travel, which was done at their employer's behest after normal hours (i.e. it's not  part  of their regular daily commute); in this case, that would be for the time to travel to 1/2  way point, then the time to return home.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption