Law360, New York ( February 20, 2015, 11:44 AM EST) -- The term on-call pay is subject to various interpretations. There is on-call pay where an employer pays an employee a flat rate or small hourly amount to be available to the employer, such as $100 per week or $2 per hour. But wage and hour law may require all of the on-call time to be paid, at least at minimum wage, if the time is considered "controlled." As with many wage and hour areas, the issue as to whether the on-call time must be paid depends on the factual circumstances surrounding the situation. This area is often complicated by an agency's on-call policy/agreement. In the event of a later claim, a clear on-call policy can be essential in determining whether the parties characterized the time spent waiting on-call as actual work....
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