QUESTION
Can my boss assign me extra duties past my 40 hour work week?
Asked on Dec 20th, 2013 on Labor and Employment - Virginia
More details to this question:
I work in an office as a recruiter for a defense contractor; have been working for my company for 2 years and there are additional duties being assigned to my position past my original assignment. I am required to have a "duty" phone for a week at a time for emergencies on the contract. I am expected to answer the phone at any time, not allowed to leave the area during my week, and not allowed to participate in any personal activates that would make me intoxicated or not in service range of the phone. If I am already working a 40 hour week and have the assign extra duties am I allowed to receive overtime pay? Can I refuse the assignment?
1 ANSWER
I am assuming you don’t have a written contract with the company specifying your duties and duration of employment. I’m also assuming that you are paid by the hour and not by salary.Under the Fair Labor Standards Act regulations, whether the on-call hours are “compensable”—and count toward overtime—depends on several factors. The larger the geographic area you are required to stay within, the less likely it is that the time is compensable. The more often you actually receive calls under the new duties, the more likely it is that the time is compensable. If you’re able to use the on-call time for your own benefit, as opposed to being restricted to the employer’s office, it’s more likely that the time is not compensable.Generally, a “no intoxication” rule is okay for on-call employees. The company can also add to or subtract from your duties as it wishes.Finally, you can refuse the assignment, but they can terminate you for that. The compensability issue is very fact-specific. Please give us a call to schedule a consultation.
Answered on Dec 31st, 2013 at 11:59 AM