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OK, I posted this in another Sub, but didnt get an answer on On Call Laws in NY State Labor Laws..

So I live in NY State. I work with a private company that contracts with NY State. We get our schedules for the upcoming week on Friday nights for the upcoming week. We work in different locations (cities and towns across the State which could be a 1 to 4 hr drive) daily, so the schedule says where we need to go on those days. BUT on some days (usually 1 or 2 a week) we have what is called TBD days (To Be Determined).,,notice how they don;t call it “Stand By” or “On Call”. Now we are told, and this is a direct quote from an email, “”TBD DOES NOT MEAN YOU HAVE THE DAY OFF!! Please make sure your work phones are on and that you respond to all phone calls and other attempts to contact you. If you have child care requirements, make sure to have them…


So I live in NY State. I work with a private company that contracts with NY State. We get our schedules for the upcoming week on Friday nights for the upcoming week. We work in different locations (cities and towns across the State which could be a 1 to 4 hr drive) daily, so the schedule says where we need to go on those days. BUT on some days (usually 1 or 2 a week) we have what is called TBD days (To Be Determined).,,notice how they don;t call it “Stand By” or “On Call”. Now we are told, and this is a direct quote from an email,

“”TBD DOES NOT MEAN YOU HAVE THE DAY OFF!! Please make sure your work phones are on and that you respond to all phone calls and other attempts to contact you. If you have child care requirements, make sure to have them on stand by for if/when you are called. Although this is rare, you may be contacted up until mid-noon hrs, but will usually be notified between 5am and 9am.””

So my question, since we are forced into standby positions, is, aren't we required to be payed a minimum of 4 hrs or something if we “have to be available”? I could have sworn I had seen that info somewhere for a previous job. Also, if we are NOT called, we don't get paid anything for that day, even though we sat around waiting for a call to work because we HAVE to take it, if called.. I have contacted the NYS Dept Of Labor and was told by someone on the phone it may tale 6 to 10 weeks for an answer IF I get an answer. I tried reading Labor law but there is so much of it and I havent found a section that fully pertains.

.If anyone has any info of where I can find an answer, please list it for me šŸ™‚

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