Can a employer make you be on call with no pay

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Can a employer make you be on call with no pay

I am on call five nights a week without
pay , and it is interfering with my
personal life

Asked on April 6, 2017 under Employment Labor Law, Colorado

Answers:

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

Answered 4 years ago | Contributor

A worker is entitled to be paid for all hours over which they have no (or little) control; in other words time for which they cannot spend as they want. The more restrictions placed on them, the more likely it is that they are entitled to be compensated. Several factors are considered by the courts: (1) how many calls the employee gets while on call (the more they get, the stronger the argument that they should be paid); (2) how long does the employee have to respond to the call (the sooner they must respond, the more likely it is that they should be compensated); (3) where can the employee go while on call (if they must stay within a limited distance from work, the they are entitled to pay); and (4) what the employee can do while their on-call; the more rules their employer sets for them (i.e. such as a prohibiting alcohol use), then the greater the chance that they will have to be paid. If you believe that your rights are being violated, you can contact your stae;s department of labor to file a wage claim or ou contact a local employment law attorney who can best advise you further. 


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