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on call pay in texas

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  • on call pay in texas

    I'm a part time employee in texas. If I am expected to come in and work for my on call shift don't they have to pay me for being available to them. Otherwise if they call and they aren't paying me for being available I should not feel obligated nor should i be in trouble for not being able to work that shift? Is this correct and if not what are the rules of on call shifts in texas?

  • #2
    Unless your activities are severely restricted during the time you are on call, which with beepers and cell phones is very unlikely, the employer does not legally have to pay you to be on call. They only need legally pay you for the time you actually work.

    For example, how often do you get called to come back in, and how long do you have to get there after the call?

    Of course, if you refuse to come in when called, there is no legal reason why they could not fire you.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      I have about two, four hour shifts a week and the rest is all on call shifts, which we have to call them an hour before we are scheduled on call. So if i do have difficulty getting to a cell phone or anything, wouldn't it be restricting me? And also are you saying that if one time I say I really can't come in that they have the right to fire me even though this isn't a scheduled work day and we aren't being paid to be available to them for almost our whole week?


      • #4
        What you are describing is not "on-call". On-call is when your employer calls you during a certain on-call period of time and you are then required to come in.

        What you have is nothing more than a "you call me and I'll tell you if I need you". And it is your responsibility to get to a phone, however you do it. Although it may seem like a small difference to you, it's not the same thing at all.

        And of course, he could fire you. He could legally fire you if he didn't like the color of your socks or you rooted for the Orioles. And you can legally quit any time with no legal repercussion.

        If you don't like the terms of employment, you can look for another job.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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