Legal Question in Employment Law in Florida
Changes in job duties.
I've worked as a nurse for the same clinic 17 years, and historically, no one in my position has had to be 'on call' or perform any after-hours duties of any sort. Now, we've been notified that an on-call week (24/7) has been added to our schedule, every fourth week, to address urgent after-hours issues. There is to be no change in pay, nor additional off hours, regardless of the number/duration of these duties (should be nearly incessant). I don't know if I'm an hourly employee or salaried. My pay is negotiated as a yearly salary, but my pay stubs indicate an hourly rate.
I realize that Florida is an at-will employment state, but I find it hard to believe that there are no limits to how much work an employer can require.
Can my employer actually require me to be present 24/7, pay no overtime, and fire me for cause if I refuse?
1 Answer from Attorneys
Re: Changes in job duties.
If you are "on call" in the traditional sense -- that is, available to be called in to work if they need you, than that does not as I understand it require compensation unless you are actually called in to work -- in which case if you are an hourly employee the normal and/or overtime rates would apply. If by "on call" you mean that you are physically required to be at work, than you should be paid for that in my opinion.
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