Can a employer expect you to answer your personnel phone on your off days?

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Can a employer expect you to answer your personnel phone on your off days?

Can an employer call family members to get a hold of you? Can they ask other staff to contact you on social media?

Asked on December 11, 2017 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

Yes, your employer can do this unless this action is prohibited under the terms of a union agreement or employment contract. The fact is 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, to the extent that you answer an off duty call, it is considered to be work time which is compensable. For your part, if your employer's calls are unaccptable to you, you can continue to complain but risk termination or you can quit your job.

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

Answered 3 years ago | Contributor

Yes, your employer can do this unless this action is prohibited under the terms of a union agreement or employment contract. The fact is 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, to the extent that you answer an off duty call, it is considered to be work time which is compensable. For your part, if your employer's calls are unaccptable to you, you can continue to complain but risk termination or you can quit your job.


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