In New Jersey, on-call time is considered hours worked when calls are so frequent or the on-call conditions so restrictive that the employees are not really free to use the intervening periods effectively for their own benefit.
On-call time is not considered hours worked when employees are not required to remain on the employer’s premises and are free to engage in their own pursuits, subject only to the understanding that they leave word at their home or with the employer where they may be reached. When an employee does go out on an on-call assignment, only the time actually spent in making the call is counted as hours worked.
In New Jersey, for on-call time during which employees are required to remain at home, the following rules apply:
- On-call employees may be required by their employer to remain at their homes to receive telephone calls from customers when the company office is closed.
- If on-call employees have long periods of uninterrupted leisure during which they can engage in the normal activities of living, any reasonable agreement of the parties for determining the number of hours worked will be accepted.
- The agreement must take into account not only the actual time spent in answering the calls but also some allowance for the restriction on the employee’s freedom to engage in personal activities resulting from the duty of answering the telephone.
Call the Law Offices of David S. Rich, LLC at (212) 209-3972 to speak with a knowledgeable labor and employment lawyer about making sure that your company complies with overtime pay and other wage and hour laws, or to retain a skilled overtime attorney to defend your company in overtime pay lawsuits or other wage and hour litigation.