Answering business phone calls off the clock

Get Legal Help Today

 Secured with SHA-256 Encryption

Answering business phone calls off the clock

I am a school bus driver on a Special Needs school bus. Due to the exceptional nature of our students, we are required to be at the constant beckoned call of their parents. Understandably parents are very concerned with any changes in schedule, what time the bus will be arriving, if we will be late, or if there are any other special considerations we as best drivers need to bring to their attention. The school bus requires us to give out our personal phone number for any parent to call is with their questions at any time day or night, whether we are on the clock or not. Also, there are frequent schedule changes and we are told explicitly to call the parents while we are at home and discuss these changes with them. I am not salaried. I am paid by the hour. Does our county here in florida have the right how to require us to undertake these jobs as a condition of employment?

Asked on August 24, 2017 under Employment Labor Law, Florida

Answers:

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

Answered 3 years ago | Contributor

Unless having to answer business calls on their personal time violates the terms of an employment contract or union agreement, it is legal for an employer to have its employees do so. The fact is that most work is "at will". This means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). That having been said, if you are a "non-exempt" worker (typically one who is paid hourly), you must be compensated for the time that you spend on these calls as it is considered to be compensable work time.

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

Answered 3 years ago | Contributor

Unless having to answer business calls on their personal time violates the terms of an employment contract or union agreement, it is legal for an employer to have its employees do so. The fact is that most work is "at will". This means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). That having been said, if you are a "non-exempt" worker (typically one who is paid hourly), you must be compensated for the time that you spend on these calls as it is considered to be compensable work time.


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 with SHA-256 Encryption