Justin Rybrinski

“employees who are on-call at home, but who are subject to significant restrictions, such as a short response time, which effectively curtail the employees’ mobility or freedom.”

Herein lies the issue. The sales staff member feels restricted in their freedom and mobility on the weekend due to the fact that they are on-call for the weekend. Even though they are at home they feel restricted because they are not free to travel far from home in case an emergency arises while they are on call and they would be required to come in to the office. Should the employee be paid for being on call or only when called in for an emergency? Is there a requirement to pay or is it at the discretion of the employer?