I am an exempt employee doing on call 365 days a year 27/7
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I am an exempt employee doing on call 365 days a year 27/7
I work in Colorado Springs. I am n exempt employee working full time. I have been on-call 24.7 for the last 5 years. We received an additional 200.00 per month for this service. Recently they took that away and put on call in our job description.
My question is that I get and have been paid for being off on the major holidays only now I am not off.. I still have on call 24/7. Is that legal?
Asked on August 28, 2017 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you are a salaried exempt employee, you are NOT entitled to any additional compensation (though an employer may voluntarily choose to pay you, if it wants). A salared exempt employee may be required to be on call, or even work, 24/7/365 without any additional compensation beyond his or her base salary--this includes having to be on call or work holidays (there is no legal right to holiday pay or compensation, for example). As someone who worked for years 7 days a week, on most holidays, and typically 70+ hours per week (plus 15 hours per week commute) I certainly sympathize--but your only recourse may be what I ultimately did: seek other employment.
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