Under what conditions is an on-call employee entitled to compensation?

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Under what conditions is an on-call employee entitled to compensation?

An employee agreed to be on a voluntary call back list at work. They were to perform work duties after hours and 1/2 way to the job they were called again and told that they were no longer needed. Is the employee entitled to some compensation?

Asked on June 4, 2011 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Being on call itself does not entitle one to compensation, if while on call one is more or less free to do what one wants, subject to merely being able to be reached or called. However, when called in, that constitutes work, and however long they were working after their normal shift would be something they need to be paid or compensated for. For example, in what you write, if they were called in, started traveling, then were told they were no longer needed, they probably should be compensated for the travel, which was done at their employer's behest after normal hours (i.e. it's not  part  of their regular daily commute); in this case, that would be for the time to travel to 1/2  way point, then the time to return home.


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