Is it legal to require someone to be on-call every weekend with any days free of duty at all?

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Is it legal to require someone to be on-call every weekend with any days free of duty at all?

I work hourly in a small hospital and am the only person qualified to do my job. I am being forced to take call every weekend, and have only had 2 days completely free of duty since May 10th. One of those days I called in sick. We had someone in for about 8 months to help me out, however for the first 6-7 months I was doing the same thing. Is this legal? Basically, HR told me that if I was needed I had to work 365 days a year.

Asked on July 12, 2019 under Employment Labor Law, Arizona

Answers:

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

Answered 1 year ago | Contributor

Unless there exists an employment/union agreement to the contrary or policy that prohibits such a schedule, it is legal. Basically, there are no limits of the number of hours that an employee can be scheduled to work. The exceptions would be for certain occupations or industries such as airline pilots or truck drivers. Additionally, some medical personal such as hospital residents have hour restrictions. Since you did not state that your are such an employee, you apear to have no recourse here other than to quit.

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

Answered 1 year ago | Contributor

Unless there exists an employment/union agreement to the contrary or policy that prohibits such a schedule, it is legal. Basically, there are no limits of the number of hours that an employee can be scheduled to work. The exceptions would be for certain occupations or industries such as airline pilots or truck drivers. Additionally, some medical personal such as hospital residents have hour restrictions. Since you did not state that your are such an employee, you apear to have no recourse here other than to quit.


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