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8/29/2011
Galvin Kennedy
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I am required to carry a beeper and cell phone at all times. Should I be paid for this time?

Working at a job that requires you to be on call 24 hours a day, seven days a week, can be tough. Always having to make sure that your pager and cell phone are on you to take calls, check emails, and stay connected to your employer may make it seem like you never get a break.

But what happens when you are not paid for the time that you have to perform these work tasks? Not only will your paycheck suffer from you not earning wages for the work you have done, but you are probably missing out on earned overtime.

According to the Fair Labor Standards Act, non-exempt employees are to be paid for all work that he or she performs - regardless if the tasks are performed away from the normal work premises. If your employer requires you to be on call at all times, then the company should also be keeping track of the hours that you work. It is a good idea to also keep track on your own, in case your employer misses something, or there is a discrepancy among the amount of time actually worked.

Write down the times and dates that you take calls or are paged from the office, and how long they took. Make sure to account for work-related travel time, as the FLSA allows employees to be paid for the amount of time it takes to get from job site to job site.

Also make sure that your paycheck properly reflects the amount of time that you have worked, and that you are being paid one and a half times your normal hourly wage for the hours you worked over 40.

If it does not, be sure to contact an experienced Houston overtime attorney for more information. The lawyers at Kennedy Hodges will provide you with a free, no-obligation case as well as a copy of their free book, The Ten Biggest Mistakes that Can Hurt Your Wage and Overtime Claim, when you call 888.449.2068. Or fill out our online form to schedule your free case evaluation today.

Category: General


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