An employer of an emergency response service required its service employees to be on call every weekend, as they might be called to report within 10 minutes. While on call, employees were not permitted to leave their homes, as the employer's contact was

to their home phones. Also, employees were not permitted to drink alcohol on the weekends, because of their potential on-call duties. The employer did not pay for on-call weekends, and the employees sued. What are the issues, and what should the court decide?


The primary issues are whether the time spent waiting for weekend calls is compensable, and if so, whether that additional time results in overtime pay being due. Compensation is generally due when time spent is "primarily for the benefit of the employer.".In this case, employees must stay at home, so that they can respond within 10 minutes, and are not free to drink alcohol. These requirements greatly restricts their weekend activities. This weekend time, spent waiting for a call from the employer, the court is likely to decide, is primarily for the benefit of the employer, and should be compensable time. In addition, this is a significant amount of time each week to add to an employee's compensable time, which makes it more likely that overtime will be due, at time and one half of the employees' normal wages.

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