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On Call Labor Laws in TN Tennessee

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  • On Call Labor Laws in TN Tennessee

    What are the tn laws on being on call. Should you get compensated while you're on call? My husband carries a company cell phone & is on call at least one day a week. If he gets a call he must drive his company vehicle & go do the plumbing call. No matter what kind of family function we are doing at the time...he is on call on holidays also.

  • #2
    He does not have to be paid for simply carrying a cell phone or pager unless his activities are unduly restricted. He does have to be paid if he is called into work.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      He is restrained from doing some activities. He has to be able to go on a call at any time he is on call. He is plumber. So when a customer calls, he doen't just have to answer a question. He has to stop whatever he is doing w/ the family & go respond to the call & fix whatever is wrong at the customers house or business. I noticed you are in Mass. Are you sure of the laws in TN?
      Last edited by acoffee; 01-31-2008, 04:52 AM.

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      • #4
        Yes, I am sure of what I am telling you. There is NO state where an employee has to be paid for simply carrying a cell phone or pager.

        It is understood that there are always some restrictions. The question is whether they are UNDULY restricted. If he cannot leave the house and must respond within ten minutes, that's an undue restriction. If he can go pretty much where he wants and go pretty much where he wants as long as he has his cell phone/pager with him, and he has an hour to respond, that's not an undue restriction.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment

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