Legal Question in Employment Law in Massachusetts
I'm a non-exempt, hourly employee. We are given blackberries to carry with us 24 hours a day. During our off shifts, we are told to keep our blackberries on the loudest setting so that any email that comes in can be responded to. Even when sleeping. I receive anywhere from 5-20 emails a night that must be read. Many of these emails wake me up in the middle of the night. We're also told any of the emails may request us to come back into work at any time. We're not being paid for any of the time "on-call". We also have to remain within a certain distance from work and be able to function properly (no drinking). Should we be getting compensated for waking up every single night, multiple times?
1 Answer from Attorneys
If you were a salaried, non-exempt employee, that would be fine. But you're not. This is a big problem for your employer. Feel free to call me today after 10:45 to discuss, at 617-426-7400.
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