Legal Question in Employment Law in Massachusetts

Irratic hours required

I have an employer who has changed the way we are scheduled. Before we did our own scheduling, now our events are scheduled for us. As a result some days I start at 8am for my first event and my last event of the day does not start until sometimes 10pm or later, and I will end up working until midnight or later. We are not expected to put in time for the hours in between. I am an hourly employee. Should we be paid from start time to finish time including the down time in between or can they tell us to work a work day that spans 16 hours but only get paid for 8 of those hours that we are actually at a customer site? Also, we are still expected to be available if needed the time in between. Sometimes I am scheduled for events that go until 2 am and then I am expected to be at another event at 8 or 10 the next morning. As I said I am an hourly employee, I do not get paid per job that I do.


Asked on 7/15/09, 4:03 pm

1 Answer from Attorneys
J. Whitfield Larrabee J. Whitfield Larrabee

Re: Irratic hours required

What you describe sounds like an "on call" arrangement. Generally, employers don't need to pay employees for on call time unless it involves "significant interference with employees' private activities" during the on-call but non-working time. Some courts have said that an employee must show that the interference with his or her private activities is sufficient that the time can be said to have been spent primarily for the employer's benefit. I would want to find out more about your case before giving you a firm and definitive opinion. Based on the the limited facts you included, I sounds like the interference with your free time might well be substantial and unreasonable, and that your employer would therefore owe you wages for the on call hours plus any overtime pay.

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Answered on 7/15/09, 4:44 pm


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