Company is responsible for compensating

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Question

As Dale is expected to be available 24/7 to answer calls, we must consider whether the company is responsible for compensating them for the time they spend carrying the mobile phone. The Fair Labor Standards Act (FLSA) does not require employers to pay employees for being "on call" unless they are required to be available for work within a reasonable time period. However, in our case, since Dale is expected to be available 24/7, we may have an obligation to compensate them for this time. In New York State, we must also consider the Labor Law (NYLL § 198) which requires employers to pay employees for all hours worked, including on-call time. Since Dale is required to be available 24/7, it is likely that we will need to compensate them for those hours. According to the New York State Department of Labor, "on-call time" is considered compensable worktime if the employee is required to be available for work within a reasonable time period (NYS DOL Guidance Memorandum, February 2020). What does being "on call 24/7" really mean? Being "on call 24/7" means that Dale is required to be available for work at any time, day or night, and should be.

Reference no: EM133737475

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