Legal Question in Employment Law in Arkansas
call pay
I work for a medical equipment company providing equipment in individuals homes. I am required to be on call 24 hrs a day. However i only get paid when I make a delivery and not when I have to answer the phone. I also am asked to not take my lunch frequently. I fell like this is not a legal and would like to know what I can do?
1 Answer from Attorneys
Re: On Call Pay
You may have a claim for unpaid compensation. These types of claims are very fact specific. You are entitled to be paid for any time you actually work. Work is loosely defined as doing, "anything for your employer's benefit or at his direction." For the time you spend on call, you may be entitled to be paid for some of the time. Generally speaking, the rule is that if you required to wait on the call and the waiting restricts your ability to do other things, you might have a claim. I would need to ask you some follow up questions to know for sure whether or not some or all of that on-call time is compensable. Please feel free to contact me if you have any questions or want to discuss your specific situation.