QUESTION
Can an Employer require you to be on location for a on-call position but pay you less than minimum wage during that time?
Asked on Apr 19th, 2015 on Labor and Employment - New Jersey
More details to this question:
My current employer (the state is New Jersey and I work for a small medical transport company) has a policy that we are compensated 3$ an hour for time spent on-call at the office(on weekends this is a 24 hour period). The problem is that on weekends we are required to be in the office yet are still only compensated 3$ an hour for the 12 hours I am required to be at the office. As I understand it this is illegal because I am "Engaged to wait" at the office and as such am considered working and must be compensated above minimum wage. I am payed my full wage if sent out on a call. Am I correct in assuming this is illegal since I am being required to stay 12 hours at a facility and only making 3$ an hour.
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
at
Edward J. Dimon
Update Your Profile
this is a complex area of the law in that many employers are improperly utilizing laws to their benefit. the employers are calling employees 'stand-by employees', but then making the employees come to a particular location. this requirement may violate the law. we would need to know more details about your situation. we could then compare your situation with the law. ed dimon
Answered on Apr 20th, 2015 at 12:24 PM