What to do if my employer calls me excessively when I am off the clock?

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What to do if my employer calls me excessively when I am off the clock?

This is mostly to ask me if I can come in when I am not scheduled to work. When I say a lot, it can be more than 10 times in an 8 hour period. If I do answer the call, my employer asks me if I can come in and work for one reason or another; when I say no I can’t they feel I need to tell them why. Most of the time they end up begging for me to come in and work which can make the calls 5 to 10 minutes in length but most of all never seems to be able to take a no answer. Can my employer call me at home so much? Is there a law as to how many times they can call or how many times is excessive or harassment? I live and work in a tourist town.

Asked on October 7, 2012 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, there is no law limiting how often an employer can call an employee. However, if you are an hourly employee and you spend 5 - 10 minutes at a stretch on the phone, they technically should be paying you for that time (though if you are salaried, they are under no obligation to do pay you anything for this time). Of course, you may not wish to take legal action to secure payment of these amounts from your employer, if they will not voluntarily compensate you; however again, in terms of legal requirements, when hourly employees spend time on the phone with their employer at their employer's behest, that is technically work time.


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