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| *Ostroff, Fair and Company>>>Other - Careers & Employment |
Not being paid for after-hours support? |
Is it unlawful to NOT pay an employee when they are in a supportive role such as taking phone calls after normal business hours and/or on the weekends? Clients would call my Mother to follow up on orders after hours, late at night and/or on the weekends. She would only be paid for the hours she was physically in the office. It depends if your mother is classified as "exempt" or "non-exempt". If she is classified as "non-exempt", they must pay her for hours over 40 per week (even if she is salaried). If she is salaried they must pay 1/2 time overtime, if she is simply hourly they must pay her 1.5 times for hours over 40 weekly. It is also possible your mother is classified as exempt when she should be non-exempt. If this is the case, she needs to take it up with the Department of Labor in her state. Source(s): 10+ years in HR. That's part of the job and she knew that. It's perfectly legal. NOT legal. And buy a answering machine. That's what they're for. If she accepted the job knowing that, it's too late to gripe about it now. This depends on whether she is exempt (entitled to overtime pay) or non-exempt (not entitled to overtime pay). The answer is, "it depends." If the employee is in a formal "on call" status, like a physician who is expected to report to the hospital upon receiving a call, or a tow truck driver who needs to stay within a certain area, then the employee must be paid. they can be paid a lower rate, even minimum wage, for the time that their personal life is restricted due to being "on call" - but they must be paid. However, if your mom's company hasn't asked her to be on call and there is no loss to her from not being on call (in other words, she doesn't get written up or docked pay for not answering the phone), then she should just stop answering those calls. Hope this helps. |
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