Legal Question in Employment Law in Florida
on call pay
if I'm required to be on call 24X7 dont ihave be paid standby pay I'm hourly
2 Answers from Attorneys
Re: on call pay
Sometimes yes, sometimes no. The law in this area is complicated. Basically, if you can do as you want with your time even though you are on call, such as eat out, go to the movies, etc., then you do not have to be paid. But if the employer controls your time (probably not in this case since it is 24 x 7), then you would be entitled to pay.
You can call the US DOL Wage and Hour Division for advice (and to possibly file a complaint if need be), or call me for a free consultation to review the situation in detail.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
Re: on call pay
You may likely be entitled to be paid for your "on call time" depending upon how your employer has structured your employment and work schedule. Please feel free to contact me at (305) 755-9441 for further assistance.