Elizabeth, NJ asked in Employment Law for New Jersey

Q: my job requires us to be on call for a week at a time. We are only compensated for time+.5 for hours worked not waited

I just want to know if that sounds right, we are expected to answer at any point and time and phone has to always be charged I never signed anything to be on call it just ended up being thrown onto me

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2 Lawyer Answers
Paula M. Dillon
PREMIUM
Paula M. Dillon
Answered
  • Hackensack, NJ
  • Licensed in New Jersey

A: You should be paid for all hours worked.

Eva Zelson
Eva Zelson
Answered

A: It is legally correct that you should be compensated for hours worked only. However, this is something that both the employer and the employee should be clear on what’s expected. Must you stay within a certain radius of your workplace when you’re on call? Are you required to answer calls at all hours? Are you permitted to drink alcohol when on call? If these and other expectations have not been spelled out in writing, either in your employment contract or in any other way, speak to HR about some definitions. That way you will know what you are and are not able to do when on call, and you can plan your time accordingly. Speak to an employment law attorney if you believe you are being treated unfairly by your employer.

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