If Iam required to bring home our emergency phone for 3 days at a time on a regular basisbut Inever get paid to do have the phone, is that against the law?

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If Iam required to bring home our emergency phone for 3 days at a time on a regular basisbut Inever get paid to do have the phone, is that against the law?

Asked on December 5, 2011 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If all you are dong is bringing home the emergency phone, there is no need to pay you for doing so. First, if you are a salaried employee, you would *never* be entitled to extra compensation for doing this; if you are an hourly employee, you are only entitled to extra pay for additional hours that you actually work--and simply having/bringing the phone home is not work.

If on the other hand you have to answer the phone at home, or having answered it, do something else, that would be work--if you are hourly, you should be paid the time spent doing this.


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