Legal Question in Employment Law in Virginia

On-Call Pay

If required by your employer to be on-call and not free to leave your county/city of residence do they have to pay you for on-call time. This is for law enforcement officers, which means we can't leave the county/city so that we are available to respond to calls.

Also are they required to pay you for your comp time when you resign. To be exact 368 hours of comp time.

I heard there was case law on this.


Asked on 7/29/04, 1:00 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: On-Call Pay

Regarding question #1: No, unless required under the terms of your contract of employment or collective bargaining agreement;

Regarding question #2: Same answer. (I am not aware of any Virginia case law apropos this particular issue.)

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Answered on 7/29/04, 3:30 pm


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