On September 24, 2014, Partner, Todd Bennett, Esq., and Associate, Sarah Amundson, were quoted on Boston.com. The article entitled, “Should I be Paid if I’m On-Call?” was written by Elaine Varelas, of Keystone Partners, who is a regular contributor to the “Job Doc” section of Boston.com.
“Should I be Paid if I’m On-Call?” discusses the test for determining whether an employer must pay a non-exempt employee for being on-call. As with many aspects of the law, the application of this two part test can depend on many different factors. Failing to pay minimum wage and/or overtime wages can lead to a host of problems for employers, including the potential of facing a civil enforcement action by the Attorney General of the Commonwealth of Massachusetts or the Department of Labor, and an individual lawsuit or class action lawsuit seeking multiple damages and attorneys’ fees.