Am I entitled to be paid for all hours that I work?

UPDATED: Sep 30, 2022

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Am I entitled to be paid for all hours that I work?

I am an hourly employee that works at an agency that supports people with

developmental disabilities. Many of these individuals require 24 hour supervision. Occasionally, I accompany an individual on a vacation. Since

the agency argues that I am getting a free vacation, they say that they need only pay me for 8 hours a day. I feel I am entitled to more as the person I am with does not stop needing help at 8 hours. I am still performing job duties as described in my job description. I would be okay with not being paid while I am asleep as I am not then performing job duties. Am I correct that I should get paid for more hours?

Asked on March 14, 2016 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You should be paid for whatever hours you are assisting the person. If that is 10 hours per day, for example, that's what you should be paid for. You're right that you would not be paid for sleep time; you also would not be paid for any time you are "off duty," such as if you take a meal when the person is not around, or get to go swimming or shopping or sightseeing while a relative watches them, etc. The issue is how many hours are you with the person and assisting them--that's the number of hours you should be paid for. If you are working, you need to be paid.

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.

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