I am currently a Non-exempt employee and my current employer pays employees 1 hour per weekday increased to 2 hours per weekend day and holiday for carrying a cell phone and performing on call duties. I am paid for time work if I only answer the call and satisfying the callerís requirement. However, if I have to return to work I am paid from the time of the call until I return back to where I was when called out. I am on an 8 week rotation for on call. This is fair pay for on call and as pointed out in other threads above what is required by law. My question is over uncompensated hours worked in a year. The company rumor is move over concern to reclassify employees how are exempt so there will be basically a reduction in pay. The job requirements will still be there for on call duties. Also when you are moved to salary as some already have been you are told your salary covers on call and 45 hours a week. However, some work 50 to 65 hours a week. So would there be any way an employee could file uncompensated hours on their taxes as unreimbursed employee expense? I know if you donate hours worked to a charity supported by your company or yourself you can deduct that, just a thought.