Legal Question in Employment Law in Alabama
labor law
If you are a salaried employee, with no sick leave, but we do have 2 weeks vacation and 3 personal days, can our salaries be deducted if we need to be off and have exhausted our vacation time? We are required to work 45-55 hours per week and be on call 24 hrs per day 7 days a week. We are not paid overtime and we are not paid for being on call either. Is this legal?
1 Answer from Attorneys
Re: labor law
Like a lot of things in law, it depends. How much of a salary do you earn? What kind of work do you do? Do you supervise anyone? How big is your employer? Over 50 employees in your area (within 75 miles of your work) puts additional requirements on them.
Violations of the overtime rules are rare, but if they aren't doing your pay right, then these are great cases for us plaintiff's lawyers. Attorney fees are mandatory and that means I am happy to take even smaller cases.
WRT the on-call issue, the Federal Courts around here are not very friendly to those suits, but it depends on what you are allowed to do while you are "on-call."
However, lately there's been some interesting litigation around the country, specifically about nurses being on call and having other problems with their employer not paying them right. Your job sounds like it might be nurse or health care related.
Send me a note at [email protected]. There may be something to this.
Sterling L. DeRamus
Attorney at Law
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