Akron, OH asked in Employment Law for Ohio

Q: My employer repeatedly sends me home off the clock ranging from 2-7 hours at a time. Then says I must come back and

I don't get paid any time I'm off waiting to come back. I work in Ohio. Is this legal?

Related Topics:
1 Lawyer Answer
Greg Mansell
Greg Mansell
Answered
  • Columbus, OH
  • Licensed in Ohio

A: You may be entitled to pay for this time but you might not be. There are a lot of factors that must be analyzed to make this determination. These include:

(1) the frequency of the calls to the on-call employee;

(2) geographical restrictions on the employee's movements;

(3) the restrictiveness of fixed time limits for response;

(4) the threat of discipline in the event of a late or no response from the on-call employee;

(5) the on-call employee's ability to trade his responsibilities with another employee;

(6) the on-call employee's actual pursuit of or engagement in personal activities; and

(7) the benefit of the on-call time to the employer.

For more information, you should contact an Ohio employment lawyer or check out our blog post on this topic at: https://ohio-employmentlawyer.com/pay-for-on-call-time/

Mansell Law LLC

1457 S High St

Columbus OH, 43207

(614)610-4134

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.