New Clients Email:

New Clients Email

On-Call Employees Entitled to Overtime


Many positions require employees to be on-call 24 hours a day, particularly workers such as security guards, maintenance technicians and others who reside at the place where they are on-call.  North Carolina employees who are on-call 24-7 may be eligible for overtime pay from their employer if there are significant limitations in their ability to engage in personal activities during their on-call period.  If you are an employee who is continually on-call at their work or resides at their workplace and is not being paid overtime contact the Raleigh overtime lawyers of Maginnis Law at 919.526.0450 or submit a new case inquiry here.

The federal Fair Labor Standards Act (FLSA) and the North Carolina Wage and Hour Act provide that employees are entitled to be paid overtime wages at the rate of 1.5 times their normal pay rate if they are working more than 40 hours per week. There are certain exemptions in place – for example doctors working 24 hour shifts are exempt from overtime because they fall under the “professional” exemption.

If an employee cannot use the time effectively for their own purposes while they are at their workplace or very close thereto, they are working on-call and must be paid for that time period where they are on-call. If you are a security employee, maintenance employee or other job area where you must remain at or near work in case you are needed, contact the overtime attorneys at Maginnis Law at 919.526.0450 for a free consultation regarding your rights.  Maginnis Law is a Raleigh civil litigation firm whose attorneys handle cases throughout Wake County, Cary, Apex, Durham, Vance County, and Henderson. The firm takes certain wage and hour/overtime cases throughout North Carolina, particularly when groups of workers are involved. Contact the firm to discuss your overtime claim today.