Employer On Call Compensation Rules

Summary

Under the Fair Labor Standards Act (FLSA), if an employee is required to be on-call at the workplace, they must be compensated. If an employee is on-call but free to pursue personal activities, they may not need to be paid. However, if an employees freedom is significantly restricted while on-call, they should be compensated. Consult a labor law attorney for personalized advice.

Full Conversation

Can an employer in North Carolina have someone on call without paying them if they are a non-exempt employee, have to respond to work within an hour, answer a call to their personal cell phone, and are unable to drink alcohol?
Under the Fair Labor Standards Act (FLSA):
- If an employee is required to be on-call at the workplace, they must be compensated
- If an employee is on-call but free to pursue personal activities, they may not need to be paid
- If an employee's freedom is significantly restricted while on-call, they should be compensated.

Please consult a labor law attorney for personalized advice.