Can an employee be required to be on-call 24/7 for 365 days a year?

We are not compensated unless we have a service call.

Asked on November 5, 2011 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you can be. Employers are free to set the terms and conditions of work, and that includes requiring employees to always be on call. Furthermore, as long as you are relatively free to do whatever you want while on call (e.g. you don' have to wait at the office or at a job site), they don't have to pay you unless you actually come into or perform work--and even then, they'd only have to pay you if you are an hourly employee. If you are  a salary employee, you can be on-call 24/7/365 and never receive any additional compensation, even when the call comes and you have to work.

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