If you are required to be available to work during your off hours, you may be owed compensation for that time. Our office has investigated claims by employees who were required to take work-related calls while off duty, but not paid for the time. Additionally, we have represented plaintiffs who made claims that they should have been paid for their time spent driving to and from work, and even time spent in a hotel.
An employee who is sufficiently under the employer’s control, and remaining available at the employer’s request, should be paid for that time, in some circumstances. For example, a truck driver who is required to wait for a load while sitting at his workplace should be compensated for that time. He or she is under the employer’s control, and it is unfair to make employees wait to start their day because of conditions beyond their control.