Is a employer obligated to pay you for covering standby 6 hours a day?

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Is a employer obligated to pay you for covering standby 6 hours a day?

My employer requires employees to cover standby coverage but they do not pay for this up to 6 hours a day. And if they call and you do not respond they want to write you up saying it is a performance issue. Is this legal?

Asked on February 5, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

IF you are restricted to the employer's location, you'd have to be paid: it is "work" to even be sitting around doing nothing, if you cannot at the same time engage in your own activities (e.g. sleep, leisure, shopping, errands or chores, etc.). But if you are allowed to generally go where or do what you want, so long as you listen for calls and respond if necessary, they do  not have to pay you for this "standby" time.


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