Legal Question in Employment Law in New York

New York and Federal Labor Laws

My employer requires I am 'on call'

for a one week duration from 4 PM

to 7 AM several times per year. I

am compensated a flat fee of $175.,

irregardless of the number of hours

I am working. I calculate my compensation is less than $3. per hour while my regular hourly rate is

near $30. per hour. Is my employer

violating any state or federal laws?


Asked on 2/17/07, 7:53 am

1 Answer from Attorneys
Andrew Frisch Morgan & Morgan, P.A.

Re: New York and Federal Labor Laws

The answer is maybe. It would depend on what the requirements of on-call duty are. If you are required to be in a certain place for the on-call time regardless of whether you receive a call or not, the time should be paid as "on-the-clock" and if those hrs would bring your weekly hrs worked above 40 you would be entitled to OT.

If you'd like to discuss this further feel free to call me @ (877)456-WAGE.

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Answered on 2/19/07, 1:28 pm


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