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Texas on call/work at home unpaid? Texas

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  • Texas on call/work at home unpaid? Texas

    I'm posting on behalf of a friend who fears termination and/or worse as retaliation for whistleblowing; if I've missed anything that needs to be included, please let me know.

    Employee is located in Texas, classified hourly/nonexempt scheduled 40+ hours per week and works from home. The employer has an office with more than 50 employees within 50 miles.

    Employee is required to be on call and available to begin working at any time for up to 8 additional hours per week, which are paid as 1.5x normal rate overtime if needed. The 8 additional potential hours are scheduled according to projected volume, and the employee is required to be logged into the system and waiting to be directed to begin actually working for specific, predetermined periods. The employer states that this time is not required to be paid because the employee is not actually working unless directed to work. Disciplinary action including reduction in pay rates, demotions, and termination results from not being logged in and engaged waiting for directions.

    Is this a situation where the employer is required either by FLSA or state law to pay some portion or all of the employee's normal rate for the on-call/waiting for directions time? Would this be worth contacting the state department of labor? Thanks in advance for your replies.
    Last edited by Insert Name Here; 08-04-2010, 10:45 PM. Reason: I'm an idiot

  • #2
    Sit at her computer at home? Good chance, since this is arguably her work location.
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.15.htm
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I would say they need to be paid for that time as they are logged in waiting to work and are severily restricted.

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      • #4
        Originally posted by smallbizhr View Post
        I would say they need to be paid for that time as they are logged in waiting to work and are severily restricted.
        That's my opinion too, but I've been surprised before.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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