Put On Call Without Pay

[synack]

What is the name of your state? Wisconsin

At my job, we are also required to go on call about once a week, where we can be called in the entire day until 5 pm. At 5 pm, if nobody called in sick, we do not have to work, but if someone is sick or the restaruant is especially busy we have to go in and work. We can also be called in any time before 5 pm. We are not paid for being on call these days.

Is this legal?

Thanks much.

 

[Beth3]

That depends entirely on how restricted your activities are during the "on call" time. Do you have to hang around the house all day waiting for a phone call? Or can you go about your usual activities during the day and check your messages to see if they've called and you need to report to work at 5pm? Sounds like the latter to me, which means the time is not compensible.

If you want to discuss this further, contact Wisconsin's Department of Workforce Development.

 

[cbg]

In the current age of cell phones, pagers, Blackberries, and other wireless communication devices, it's far less common for employers to be required to pay for on-call time. On-call time generally ONLY has to be paid when the employee is seriously restricted in their activities by being on-call.