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Unpaid On-Call Time Policy

Author: Michael Cardman, XpertHR Legal Editor

When to Use This Policy

An employer that does not wish to pay its nonexempt employees at least the minimum wage for all time they spend on call must not restrict the employees' ability to use that time effectively for personal purposes, which would create a liability under the Fair Labor Standards Act (FLSA). Having an employee agree to an unpaid on-call time policy can weigh in favor of a court finding on-call time noncompensable under the FLSA in the event of a lawsuit. The policy should be communicated to employees at the commencement of employment and should be referred to whenever there is a question regarding employees' on-call time.

Customizable Policy