non-exempt employee threatened to be terminated for not answering after hours phone calls

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non-exempt employee threatened to be terminated for not answering after hours phone calls

threanted to be terminated for not answering phone after hours

Asked on February 12, 2018 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

Yes, they can. Unless this mandate violates the terms of a union agreement or employment contract, then as an "at will" worker, your company can set the condtions of your employment much as it sees fit (absent some form of legally actionable discrimination). That having been said, since you are non-exempt you are most probably paid hourly. If this is the case, you must be paid for all time that you perform your job duties and having to answer after hours phone calls would count.

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

Answered 3 years ago | Contributor

Yes, they can. Unless this mandate violates the terms of a union agreement or employment contract, then as an "at will" worker, your company can set the condtions of your employment much as it sees fit (absent some form of legally actionable discrimination). That having been said, since you are non-exempt you are most probably paid hourly. If this is the case, you must be paid for all time that you perform your job duties and having to answer after hours phone calls would count.


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