Legal Question in Employment Law in Washington

Pay for working on-call at home?

I am required to be on call on my off time, & I spend at least a couple of hours every week on calls about the business during my ''time off.'' I don't get paid unless I physically go into the workplace, and if I work overtime but fail to get prior permission they make me redo my timesheet to relect this. When I questioned my supervisor about the overtime hours being changed I was written up for unauthorized overtime. Is this legal & if it is not, is there a specific group I would file a claim with or would it be a civil matter?


Asked on 1/10/08, 2:47 pm

1 Answer from Attorneys

Susan Beecher Susan L. Beecher, Atty at Law

Re: Pay for working on-call at home?

First, I am assuming you are not a manager and thus an exempt employee.

First, you should be paid for the hours that you are actually doing work during your "on call" time.

Second, if your employer has a policy that you must get authorization for overtime prior to working it, then they can "write you up" for working unauthorized overtime, but they still do have to pay it to you. However, if you are instructed to work during a certain period of time, whether explicitly or by implication (for example, "Don't go home until this is done"), then the overtime is authorized, and disciplining you is arguably retaliation for your exercising your statutory rights.

You may want to talk to the Dept.of Labor and Industries about this matter. You can also treat it as a civil matter if you like, but hiring an attorney to try to resolve problems with your current employer tends to create a really uncomfortable workplace, and I can't recommend it.

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Answered on 1/10/08, 3:42 pm


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