Employment Law/NYS on call


I started with a company as a service tech. This is a 24 hour service company. It was verbally communicated that being a single dad with kids that live with me, that I would not be able to be an on call tech. I could work Mon. thru Fri. during normal business hours. It was agreed upon that this was fine. Further along during employment I was informed that as a service tech that I was required to be in the on call rotation as are all the service techs in the company. Basically because of title and apparently the law in NY. For example the office manager is not required to be on rotation of on call, just service techs. I have been titled as a Service tech as well as Service manager depending on who is talking and what it is about. I now find myself on the rotation on weekends. Never during the week like the other techs. Seems to be a double standard here. I also do not see the schedule till anywhere from 1 day to 1 week before I am expected to be on call. I am never asked, just on the schedule at any given time on any given weekend. I have to ask other employees to cover the weekend I find myself scheduled for as I have been told that it is my responsibility to to so to have coverage. Nothing was ever written and I regret that. Just verbal to say no on call was fine till management one day said by law all techs have to be on call. This started years after initial employment with company. It is especially stressful as I am also the one who has the phone after business hours every day 7 days a week. If I don't have someone to send to the job after hours, I have to reason with the customer on why we as a company cannot come to service them today or tonight for that matter. Is on call required? Seems the change is arbitrary and the initial agreement should be up held. Thanks for any feedback.

I think that if you have the title of "Service Tech" you are responsible for working the times schedules for all those with that title.

The easiest and most productive would be to talk to the company and have your title permanently changed to "Service Tech Manager" than have HR write in your job description that you are responsible for service tech schedules, however, you are not on rotation as a service tech.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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