How should i be getting paid for 24 on-call service when im only part time?

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How should i be getting paid for 24 on-call service when im only part time?

I get called quite a few times a month
to come in and fix thing after hours
and not sure how I should be getting
paid

Asked on April 10, 2017 under Employment Labor Law, Florida

Answers:

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

Answered 4 years ago | Contributor

A worker should b paid for all hours worked. Additionally, "on-call" time is sometimes compensable as well, whether an employee is full or part-time. Basically, a worker is entitled to be paid for all hours over which they have no/little control (i.e. for which they cannot spend as they want). The more restrictions, the more likely they are entitled to be compensated. Factors are considered by the courts are: (1) how many calls the employee gets while on call (the more they get, the stronger the case that they should be compensated); (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 paid); (3) where can the employee go while on call (if they must stay within a limited distance from work, the they are entitled to compensation); and (4) what the employee can do while their on-call; the more rules their employer sets for them such as a prohibiting alcohol use, etc., then the greater the chance that they will have to be paid. For further information, you can contact your state's department of labor to file a wage claim or you contact a local employment attorney. 


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