Quick Quiz Answer: "On Call" Time Under The FLSA

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The best answer to last week's Quick Quiz is, "No", it is not likely that Alan's time between calls would be found to be worktime under the federal Fair Labor Standards Act.

The idle time during which an otherwise off-duty employee is available to be called upon to do something might or might not be compensable FLSA "hours worked", depending upon the situation. Generally, the question is whether this idle time while "on call" is spent predominantly for the employer's benefit as opposed to the employee's. The answer usually turns upon the extent to which the employee is able to use the time effectively for personal purposes.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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