Can my boss constantly call me at home when I’m off the clock about work matters?

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Can my boss constantly call me at home when I’m off the clock about work matters?

I’m a bartender and have a boss who will call me during my off duty hours and ask me about a situation that happened the day before or the week before (basically he calls when he actually notices an issue). He will call and question me and many times discipline me by yelling at me all during off duty hours. Is he allowed to do this? I am being told that he should have to wait until I’m on the clock to discipline or yell at me. I sometimes don’t work until 8 pm. What do I do?

Asked on July 6, 2015 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

He is allowed to call you at home...BUT if he does call you at home about work, he has to pay you for the time spent on the phone. Obviously, it's not worth tracking a minute here, a minute there, if they were brief check, "check in" calls--but if he keeps you on the phone for any work-related reason for, say, 15 minutes, then as an hourly employee, you should be paid for an extra 1/4 hour work. So it's not that he has to restrict work conversations to work hours--its that any time you are working, including talking about work to your boss (when you must talk and don't have the option to simply not talk), becomes work hours.


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