QUESTION
Wife is on call. How many times can they call her before she needs to be compensated for every hour on call?
Asked on May 26th, 2014 on Labor and Employment - Indiana
More details to this question:
My wife is on call one week out of the month. She is not provided a phone and she uses her own phone. They call her almost every shift the week she is on call. This week she went into work about 8 extra shifts due to being on call. This is a fairly recent thing. She was just promoted to a higher position and then a month later everyone at that position is now expected to be on call. I don't believe it is right to expect her to work so often. How can she the 1st 2nd and 3rd shift on day and then 1st and 3rd the next? They are wearing her out. So I wanted to know if they should be required to pay her for every hour she is on call due to all the unreasonable amounts of hours she is asked to work. She is hourly.
1 ANSWER
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Pursuant to the Federal Fair Labor Standards Act ("FLSA") and the Indiana Wage Payment Statute (Indiana Code Sec. 22-2-5-1), employers are required to pay time-and-a-half for every hour over 40 hours worked in a week. A violation of these statutes can result in the employer being liable for unpaid wages, liquidated damages doubling the unpaid wages, and attorney's fees. There are certain exceptions to these laws, and it does not necessarily matter whether the employe is salaried or hourly. If you have a question about whether any of these statutes have been violated, you should speak to an attorney who is experienced in employment law.
Answered on Jun 16th, 2014 at 11:49 AM