Can an employer REQUIRE you to be oncall, and accept the position offered without reservation?

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Can an employer REQUIRE you to be oncall, and accept the position offered without reservation?

Can an employer REQUIRE you to be oncall, and accept the position offered without reservation?

Asked on November 15, 2017 under Employment Labor Law, Arkansas

Answers:

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

Answered 4 years ago | Contributor

Unless your being on-call violates the terms of any applicable employment contract or union agreement, your company can set the conditions of your employment much as is sees fit. Therefore, absent some form of legally actionable discrimination, you can be scheduled for on-call duty at your employer's discretion. That having been said, any time that you spend performing your job duties is compenesable work time. Further, if you are non-exempt, then you are entitled to be paid OT for all hours worked in your work week over 40. 


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