John W. Robinson, Employment Law Practice Group Co-Leader, was interviewed for a CNNMoney.com article published on November 30, 2009, "Should you be paid for being on call?" The issue of who is entitled to overtime pay and who isn't can be confusing. According to Robinson, one issue is defining what is work. "The technology is way ahead of the law." If you are expected to be reachable by phone at all times, but you can still go to a movie, for example, you're less likely to be legally viewed as "working" than if you were required to stay in the office after hours. If one is classified as an independent contractor different rules apply, however, employers need to be careful. According to the article, "The IRS has announced it will audit 6,000 randomly selected employers starting in February, looking for "contractors" who are actually employees." Click here to read the full article.
Should You Be Paid for Being On Call?
