Phoenix, AZ asked in Employment Law for Arizona

Q: My daughter works 37.5 hours a week (half day Saturday) and is hourly.

She was told that she had to take the company phone home with her and be "on call" until 9:30 each night (she works from 7:30-4:30 normally) in order to get a raise. Now they are adding Sundays as well saying that was discussed and it was not.

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1 Lawyer Answer
Kyle Anderson
Kyle Anderson
Answered

A: Hi, more information is needed here and I'm not sure exactly what your question is. That being said, an employer can require your daughter to be on call.

Whether the time she is on call is compensable is another question. On-call time is compensable (your daughter must be paid for it) if it is so onerous as to prevent the employee from using the on-call time for personal pursuits. This is determined through a variety of factors: including (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.

Hope this helps.

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