On-Call Employees

On-call employment is a work arrangement where employees must be available to work at a moment’s notice, often outside of regular shift hours. While this type of work provides flexibility for employers, it can create significant challenges for employees, including unpredictable schedules, lack of fair compensation, and potential violations of labor laws.

At Klie Law Offices, with offices in Buckhannon, Parkersburg, Clarksburg, and Morgantown, we specialize in employment law and help on-call employees navigate workplace disputes. Our experienced on-call employment lawyers understand the complexities of wage and hour violations, employee misclassification, and unfair termination. This guide explores common legal issues faced by on-call workers and explains how an employment attorney can help protect their rights.

Understanding On-Call Employment

On-call employment requires workers to be available for work without a guaranteed number of hours. This type of employment is common in industries such as healthcare, emergency services, retail, and hospitality. While on-call work can provide additional income, it also presents unique legal challenges, including:

• Unpaid on-call time

• Overtime pay disputes

• Job classification issues

• Unfair termination

• Discrimination in work assignments

Because labor laws vary by state, it is crucial for on-call employees to understand their rights and seek legal guidance from an employment lawyer when necessary.

Common Legal Issues Faced by Hourly Employees

1. Wage and Hour Violations

One of the most common reasons hourly workers seek legal help is wage theft. Wage and hour violations occur when an employer fails to pay employees properly for the time they have worked. This can include:

• Unpaid Overtime: Under federal law, hourly employees must be paid 1.5 times their regular hourly wage for any hours worked beyond 40 in a workweek. Employers who misclassify employees as exempt or force them to work off the clock violate overtime pay laws.

• Minimum Wage Violations: The federal minimum wage is set at $7.25 per hour, though many states have higher minimum wage laws. Employers who pay below the legal wage rate are committing a violation.

• Unpaid Breaks and Off-the-Clock Work: Employees must be paid for all hours worked, including short breaks if the employer requires them to work through those breaks.

If your employer is engaging in these practices, an unpaid wages attorney at Klie Law Offices, serving Buckhannon, Parkersburg, Clarksburg, and Morgantown, can help you recover lost wages and hold them accountable for their violations.

2. Wrongful Termination

While many states follow “at-will” employment policies, which allow employers to terminate employees for any reason (as long as it is not illegal), there are still protections in place. Wrongful termination occurs when an employer fires an employee for unlawful reasons, including:

• Retaliation: Employers cannot fire workers for filing complaints about workplace violations, such as unpaid wages, discrimination, or safety hazards.

• Discrimination: Employees cannot be terminated based on race, gender, age, religion, disability, national origin, or sexual orientation.

• Violation of Employment Contracts: If an employee has a written employment contract, the employer must follow those terms when considering termination.

A wrongful termination lawyer at Klie Law Offices, with locations in Buckhannon, Parkersburg, Clarksburg, and Morgantown, can help assess whether your firing was illegal and guide you in filing a claim against your employer.

3. Workplace Discrimination and Harassment

Discrimination and harassment in the workplace remain persistent problems. Hourly workers are protected under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). Workplace discrimination can take many forms, including:

• Unequal Pay: Workers should receive equal pay for equal work, regardless of gender or race.

• Hostile Work Environment: Harassment based on race, gender, sexual orientation, or other protected characteristics can create an unbearable work environment.

• Unfair Promotions and Disciplinary Actions: Employers must provide equal employment opportunities and cannot deny promotions or enforce disciplinary measures based on discriminatory factors.

If you have experienced workplace discrimination or harassment, an employment discrimination attorney can help you file a complaint with the Equal Employment Opportunity Commission (EEOC) or pursue legal action against your employer.

4. Unsafe Working Conditions

Employers are required to provide a safe workplace for employees. The Occupational Safety and Health Administration (OSHA) sets workplace safety standards to protect workers from hazardous conditions. Common workplace safety violations include:

• Lack of proper safety equipment

• Failure to train employees on safety procedures

• Exposure to hazardous substances

• Poor sanitation and hygiene conditions

If you suffer an injury due to unsafe work conditions, you may be entitled to workers’ compensation benefits or a personal injury claim. Klie Law Offices, with offices in Buckhannon, Parkersburg, Clarksburg, and Morgantown, can help you secure the compensation you deserve. A workers’ rights attorney can help you seek compensation for medical bills, lost wages, and pain and suffering.

5. Retaliation for Reporting Violations

Many employees fear retaliation from their employers if they report workplace violations. However, whistleblower protections exist to shield employees who expose illegal activities. Employer retaliation can include:

• Firing or demoting the employee

• Reducing work hours

• Harassing or isolating the employee

If you have been retaliated against for reporting unlawful behavior, an employment retaliation lawyer can help you file a claim to protect your rights and seek damages.

How an Employment Lawyer Can Help

If you are an on-call employee experiencing workplace issues, legal representation can make a significant difference. An on-call employment lawyer will begin by evaluating your case, assessing your work conditions, and determining whether your employer has violated labor laws. They will help you understand your legal rights and advise you on the best course of action.

If your employer has committed wage theft, engaged in employee misclassification, or wrongfully terminated you, an attorney can assist in filing claims against them. They can represent you in disputes regarding unpaid wages, misclassification, or wrongful termination lawsuits, ensuring that you have the best chance of securing the compensation you deserve.

Employment lawyers are also skilled negotiators and can work on your behalf to resolve workplace disputes through settlements. If an out-of-court resolution is not possible, they will be prepared to represent you in legal proceedings, advocating for your rights before a judge or labor board.

When to Contact an Employment Lawyer

If you are an on-call employee and experience any of the following issues, you should consider seeking legal counsel. If your employer refuses to pay you for on-call hours when legally required or denies you overtime pay, you may be entitled to compensation. Similarly, if you have been misclassified as an independent contractor, or if your work schedule is unpredictable and unfairly restrictive, legal representation can help you challenge these injustices.

Additionally, if you have been fired or retaliated against for asserting your workplace rights, or if your employer does not provide proper break periods or rest times, an employment lawyer can advocate for your fair treatment. Workers required to work excessively long on-call shifts without proper compensation should also seek legal advice to protect their rights.

Contact Us Today

On-call employees provide essential services in many industries, but their rights are often overlooked. Understanding labor laws and seeking legal assistance can help ensure fair treatment and proper compensation.

At Klie Law Offices, with offices in Buckhannon, Parkersburg, Clarksburg, and Morgantown, we are committed to protecting the rights of on-call employees. Our experienced employment lawyers are here to help with wage and hour disputes, misclassification claims, and wrongful termination cases. If you believe your employer is violating your rights, contact us today for a consultation and take the first step toward securing fair treatment in the workplace.