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.

Related Topics:
1 Lawyer Answer
Kyle Anderson
Kyle Anderson

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.

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.