Winfield, KS asked in Employment Law for Kansas

Q: I am a salaried employee. Can an employer require me to stay on their property to sleep without paying me for it?

I work in an agency that provides services to individuals with developmental disabilities. One of the positions I supervise requires the staff to sleep in the house off the clock. Usually the person who works this position is an hourly employee. If I can not find someone to work an opening I am required to go in. Years ago it was explained anything that a salary employee does for the agency must be accounted for on their time sheet.

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1 Lawyer Answer

A: More information is required for a full analysis of your situation, thus, I would recommend reaching out to an employment law attorney in your state. However, the employer would not be required to pay you extra for the sleep time if you are properly classified as a salaried employee. An hourly employee would generally need to be compensated for the sleep time if the employees shift is less than 24 hours. There are different rules of compensability for sleep time if the hourly employee works 24 hours or more at a time.

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