Legal Question in Employment Law in Alabama

I am a nurse in a doctors office. The office is open 5 days a week. I work 4 ten hr shifts. Our new office mgr wants me to be on call on the 5th day my off day and not get on call pay. Is this legal to have me sit at my house on my off day and wait for a phone call if she wants me to come in without being compensated for it?


Asked on 8/22/09, 10:10 am

1 Answer from Attorneys
Gerald Miller Redden, Mills & Clark

More facts would need to be known to judge whether the on call time is compensable. The courts in such a situation look at how much your personal freedom is being restricted on your off day. For example, how frequently are you called in, are you truly restricted to your home or can you be available to be reached anywhere by cell phone, and is there an unduly restrictive response time required. I suggest you talk to an attorney in your area if you have further questions.

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Answered on 8/28/09, 11:51 am


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