Manchester Township, NJ asked in Employment Law for New Jersey

Q: I work for a security company that require me to answer the oncall phone , do they have to pay me an hourly rate

I have to take there cell phone and answer it all hours of the night and all weekend, this is done after I work 40 hours a week, they pay me 16.42 a day to take the phones, I feel this is to low. The phone rings whenever a guard calls out or a company calls to hire us. I tried to not take the phone and they threatened my job. Is there anything I can do?

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1 Lawyer Answer

A: The company must pay you when you are actually on the phone, or dealing with whatever issue that you've been called about. They are not required to pay you for the time you are merely waiting to be called, *unless* there are significant restrictions placed on you during your on-call times -- for instance, if they say that when you are on call you must stay home at all times, and can't go shopping, out to eat, etc.

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