Overtime Suits For On-Call Time On the Rise

Posted on May 23, 2009

Suits by overtime compensation by on-call employees are becoming more prevalent according to law.com, "On-Call Employees Suing Over Unpaid Restrictions on Freedom."  As an example one suit is by employees of an in-home respiratory services provider; they claim that they should be paid for the time they spend on-call answering questions and providing information on the phone as well as the time they have to be available to answer to questions. 

Both the federal Fair Labor Standards Act and Kentucky state law require that employees be paid for all time they are working for their employer. Whether the time an employee is "on-call" is compensable time depends on that individual employee's circumstances.

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