Answering Service in Illinois.

[LytSlpr]

Our company requires an employee to take the company cellphone after work over the weekend and during holidays just as plain answering service, technically not On-Call.

Is it true that in the State of Illinois, the employer does not need to pay extra or overtime to assign the answering service to a regular employee (not exempt of salaried) as long as it does not limit the employee's activities or require them to be at a certain place at a certain time outside office work hours?

Kindly, provide the link to this law. Thanks!

[cbg]

That's not the way the law works. You're not going to find a law that absolves you of responsibility as long as x happens. The law says what you must do and what you must not do, not what you may do.

In no state does an employee have to be paid simply for carrying a cell phone or pager. The reason they do not have to be paid in that situation is that there isn't a law that says they do. They MUST be paid for all time actually worked (de minimus rules apply) and they need to be paid if their time is unduly restricted. What each state considers to be unduly restricted is generally the result of a series of court decisions, not a statutory "bright line".

[LytSlpr]

That's not the way the law works. You're not going to find a law that absolves you of responsibility as long as x happens. The law says what you must do and what you must not do, not what you may do.

In no state does an employee have to be paid simply for carrying a cell phone or pager. The reason they do not have to be paid in that situation is that there isn't a law that says they do. They MUST be paid for all time actually worked (de minimus rules apply) and they need to be paid if their time is unduly restricted. What each state considers to be unduly restricted is generally the result of a series of court decisions, not a statutory "bright line".

I appreciate you making it very simple & clear for me. However, could you provide the law that reflects this thought? Thanks!

[Betty3]

Here's the federal law:
§ 785.17 On-call time.

An employee who is required to remain on call on the employer's premises or so close thereto that he cannot use the time effectively for his own purposes is working while “on call”. An employee who is not required to remain on the employer's premises but is merely required to leave word at his home or with company officials where he may be reached is not working while on call. ( Armour & Co. v. Wantock, 323 U.S. 126 (1944); Handler v. Thrasher, 191 F. 2d 120 (C.A. 10, 1951); Walling v. Bank of Waynesboro, Georgia, 61 F. Supp. 384 (S.D. Ga. 1945))

[Betty3]

Here's a link to some info by a lawyer on Il. on-call.

http://www.findgreatlawyers.com:80/O...-Employees.htm

[LytSlpr]

Here's the federal law:
§ 785.17 On-call time.

An employee who is required to remain on call on the employer's premises or so close thereto that he cannot use the time effectively for his own purposes is working while “on call”. An employee who is not required to remain on the employer's premises but is merely required to leave word at his home or with company officials where he may be reached is not working while on call. ( Armour & Co. v. Wantock, 323 U.S. 126 (1944); Handler v. Thrasher, 191 F. 2d 120 (C.A. 10, 1951); Walling v. Bank of Waynesboro, Georgia, 61 F. Supp. 384 (S.D. Ga. 1945))

Thank you very much Betty3!

[Betty3]

You're welcome.