Any US Labor Lawyers Out There?

Question

I have an interesting question concerning overtime pay in the state of Virginia. My wife is a nurse (Hourly pay) who is given an "on-call" cell phone for 1-2 weeks at a time. She is constantly on the thing when she has it dealing with issues at work and talking to doctors. She is also required to stay in town on these days in case she has to go in for some reason.

I am a manager myself and I believe that she is due compensation for the time she spends on the phone with work. I cannot find supporting regulations for this though (probably do not know where to look) and wonder if any of you know where to find the info.

Thanks

Answer 1

Labor laws can be quite complex, however most of your questions can be answered here:

http://www.doli.virginia.gov/whatwedo/labor_law/lla_p1.html

good luck

and thanks for voting for Webb.

Answer 2

If she is management and she is salary, she is screwed.
If she is hourly then she should be compensated at an "on-call" rate, which goes to hourly pay if she has reason to be involved with work (on the phone solving problems).

Answer 3

On-call workers are considered to at work and have to be paid. It's a federal law called "The Fair Labor Standards Act."

Answer 4

I'd say if she is on the phone conducting company business she should be compensated for her time.

Answer 5

It depends if her status if exempt or non-exempt. Non-exempt employees must be paid for hours worked.

Answer 6

oinkers