QUESTION

On call position without pay?

Asked on Feb 07th, 2013 on Labor and Employment - Pennsylvania
More details to this question:
I currently work in healthcare and handle staffing for a private practice that supplies services to almost two dozen hospital and surgi-centers. Our corporate office is based out of Philadelphia but we do buiness in PA, NJ and DE. Every evening and on weekends I am expected to be on-call and handle any issues that may arise. Some evenings there are no issues, while others there are many. Some issues can be corrected quickly in about 30 mins, while others can take a couple hours. I am an hourly, non-exempt employee and would like to know if my employer can expect me to handle these tasks without any compensation? It is very frustrating that this position affects my personal life on a regular basis but even more bothersome that I am not compensated for my time.
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1 ANSWER

Civil Litigation Attorney serving York, PA
2 Awards
If you are on-call and may not do anything else while waiting to be called, then the employer must compensate you for the on-call time.  If, however, you are free to do what you want (within reasonable limits) while waiting, the employer need not compensate you for the on-call time. Either way though you are entitled to compensation for the time actually spent working for the employeer. Sara A. AustinAustin Law Firm LLC226 E. Market St.York, PA 17403717.846.2246 phone717.846.2248 faxsaustin@austinlawllc.com
Answered on Feb 15th, 2013 at 11:51 AM

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