Your employee is on call, but does that mean he or she is on the clock? Jennifer Palagi of Liebert Cassidy Whitmore takes on the issue in a recent post. She says that in some cases, wage-and-hour law requires on-call time to be paid at minimum wage (or more) if it is “controlled.”
The U.S. Court of Appeals for the Ninth Circuit has come up with two predominant factors that must be assessed when determining if the time is compensable: 1) the degree to which the employee is free to engage in personal activities, and 2) the agreements between the parties.
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