Does Massachusetts Law Require My Employer to Pay Me for On-Call Time?

Massachusetts Laws Regarding Pay for On-Call Time

Massachusetts Employment Lawyer for Unpaid On-Call Time and Unpaid Wage Claims Representing Employees From Our Offices In Springfield, Worcester, Lowell, Fall River, Pittsfield, and Hyannis

Yes, Massachusetts employers have to compensate hourly non-exempt employees for on-call time, but only under two scenarios.

First, your Massachusetts employer must pay you for on-call time if they require you to be at the work site or another specific location. In other words, your Massachusetts employer must pay you for all time you are required to be at the work site or another specific location. That’s the case even if the specific location is your house and even if you are allowed to relax when you are required to be there. 454 CMR 27.04(2).

Second, your Massachusetts employer must compensate you for on-call time if you are not free to use that time for your own purposes. 454 CMR 27.04(2). It’s not entirely clear when employees are and are not ‘free’ to use on-call time for their own purposes. According to the Massachusetts Attorney General’s office, the answer depends on a number of factors, including restrictions on movement, frequency of calls, required response time of very short duration, actual use of on-call time for personal pursuits, the length of the periods of inactivity, the duration of the periods of inactivity, and whether calls can be refused or if disciplinary action is taken for lack of response.

Does Massachusetts Law Require My Employer to Pay Me for On-Call Time because I am Required to Carry a Cell Phone or Pager?

No, Massachusetts law does not require employers to compensate hourly employees for on-call time simply because you are required to carry a pager or cell phone. Instead, your employer must compensate for on-call time only if (1) you are required to be at the work site or another location while on call or (2) you are not effectively free to use the on-call time for your own purposes. 454 CMR 27.04(2).

Regardless, under all circumstances, your employer must compensate you for actually responding to a call and working.

ADDITIONAL TOPICS IN MASSACHUSETTS AND FEDERAL WAGE AND HOUR LAWS

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