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


Asked on 11/25/03, 4:36 pm

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.)

[email protected]

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.

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Answered on 11/25/03, 8:04 pm
Keith Stern Shavitz Law Group

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.

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Answered on 11/26/03, 10:52 am


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