Legal Question in Employment Law in Virginia

Hi I work for a company were I am on call 24 hrs a day on weekends an after regular hrs during the week my question is when I'm on call for emergency calls I don't get paid to talk to the company customers there are many times I talk them through trouble shooting small problems an I may be on the phone anywhere from 5 min to an hr which I do not get paid I only get paid if I have to go out and then if I am talking with customer for 10 15 min before I leave I dont get paid until I get in truck to go then I get paid from time I leave tilli get back home but some times in the week I'm on call I may have several hrs just in talking with customers Should one paid to talk to his customers. Thanks


Asked on 3/05/15, 7:44 pm

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

This issue likely to reduces to whether you're considered salaried (supervisory or managerial) or paid by the hour. If the former, then you're unlikely to be due

any compensation for all this extra time but if you're considered an hourly

employee, then you may well be due compensation for all time spent

talking with customers on the phone (in addition to going out on service calls in the company truck). Furthermore, if these hours exceed 40 in any given work week, the company would be required to compensate you at time and one half if you're an hourly employee.

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Answered on 3/06/15, 10:38 am


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