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I work mon-fri 8430. Then i am on call
every 3rd week 24-7. I take emg.calls
and add 1 hr for every call on top of
time taken. Then when fri comes they
send me home early to equal 40 hrs for
the week citing company policy. No other
compensation for being on call.is this
legal? And do i have any rights i don’t
know about. Thank you for your time and
any help you can give me. Nate

Asked on November 30, 2018 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) There is no compensation for being on call if you are not restricted to the office/job location/etc.; you are only owed compensation for when you actually take a call, respond to it, and work.
2) An employer has the right to control or change your hours, and so can legally choose to send you home early sometimes to prevent you from accumulating enough hours to be owed overtime. It's arguably unfair, but it is legal.

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