Legal Question in Employment Law in Texas

Working Off the Clock and On-call pay

I and other similarly situated direct-hire hourly employees of a large corporation are required by our employer to maintain communication with our employer at all times, even

while we are off the clock, for the purpose of providing

on-call service to meet the employers needs. On the

occasions when the employer has attempted to call one of

us in to the work place and has been unable to contact

the desired employee, the employer has contacted one of

the other similarly situated employees and directed them

to go to the work place and perform the required services.

The employer consistently disciplines employees who fail

to maintain the on-call communications link or who refuse

to respond to the employers demands for work off the clock.

The employer does not provide any remuneration for the

periods while the employee is subject to on-call requirements and on several occasions has failed to pay for the time used by the employee in performing the required services at the work place, especially if it would result in overtime pay.

We are at-will employees with no union.

Do we have legitimate complaint(s)and should we approach this as a group or individually?


Asked on 10/30/02, 9:55 am

1 Answer from Attorneys
Roger Evans Mathis & Donheiser

Re: Working Off the Clock and On-call pay

You certainly may have a legitimate claim for potentially significant compensation under the Fair Labor Standards Act. Since your employer seems unwilling to amend this policy, a direct approach to the nearest office of the United States Department of Labor by one or more employees would be appropriate.

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Answered on 10/30/02, 12:59 pm


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