Answering business phone calls off the clock
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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 6 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 6 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.
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