Legal Question in Employment Law in Pennsylvania

Re: Pennsylvania on-call pay

You asked about pay for being on-call.

A big question is whether you are paid as exempt (hourly) or non-exempt. I assume exempt.

It is legal to not pay extra for being "on-call" unless there are significant restrictions based on doing so, such as having to be within a very narrow geographic area, or restricting your dress or activities.

As for responses, once the pager goes off you probably should be on the clock. There will be some debate as to that and also whether the employer is required to pay for actual time or minimum time. Generally, when an employer calls an employee in it must pay a minimum of three hours pay, whether or not three hours is needed to complete the task.

As a caveat, this information is based on the limited information provided and may not apply to your situation. If you would like a more accurate analysis please make an appointment to discuss this matter. Please do not follow-up with direct email, as always, I can not respond to direct questions unless that person is a client.

Regards,

Roger