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Unsure If My Job's On Call Policy Violates Flsa

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Location: Florida.

So I got a customer service type job back in October with this subsidiary of a European company where I was on the starting team of their new US customer service center. They needed 24/7 coverage, but my boss was too cheap to hire more than 2 employees so instead he decided he would cover the overnight by having me and my coworker do "on call".

Me and my coworker alternate doing 4 nights on and 3 nights off/ 3 nights on and 4 nights off every other other week. We were instructed to clock in ​only 1 HR a night to indicate we did on call. We only get paid an extra $50 every On Call shift we do.

At first it was what I thought On Call would be. I would occasionally get an alert if there was an overnight emergency I needed to handle. Then about a few weeks in he started to have us handle standard issues we typically handle during our regular day shift while "on call"​. Now recently he is telling us we have to keep our phones open for standard customer service calls at home overnight too. Our "on call" shifts are now frankly busier than our day shifts. Our rush hours usually fall under "on call" hours. We get work coming through consistently at 12am - 6am. Me and my coworker typically only sleep a few hours a night because of it. ​On the days where my coworker is off and I am going on call it basically feels like I am doing a long 48 hour shift where half of it is remote. Half the nignts of the week I can't go anywhere where I can't log into WiFi with my work laptop.

Really feels like we are getting taken advantage of by someone who just doesn't want to hire more people and I am considering taking it to an attorney to see if i got a case.

submitted by /u/joe727
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