If my company makes me take time off work during the week instead of paying OT while on call,is this legal?
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If my company makes me take time off work during the week instead of paying OT while on call,is this legal?
We are on-call on night a week to answer a phone and provide services for our clients. We are a 24 hour service and any call that comes in at night or overnight we have to handle still. My boss makes us take time off during the week (if possible) to make up for the hours worked while on call. So he is not paying us extra, only our regular amount.
Asked on January 11, 2012 under Employment Labor Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Employers must pay non-exempt employees for any/all hours worked over 40 in a work week. However, they are free to adjust employees' schedules, shifts, hours worked, etc. to keep those employees from exceeding 40 hours, so long as there is no contract (including a union agreement) which mandates hours or shifts. So if you are on call and work additional hours one night, your empoloyer may reduce your hours other days to keep you below that 40-hour threshhold.
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