What happens when I'm called from work on my day off? [closed]

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I'm taking a day off. My boss expects me to check email from home. If I answer emails from home or take a call during my day off, do I have to count this as a day off since I've actually worked?

I am salaried exempt.

time-off

share|improve this question

edited Nov 30 '15 at 16:10

Elysian Fields♦

96.7k46292449

asked Nov 30 '15 at 16:01

Suzan Chamberlain

42

closed as off-topic by Jan Doggen, Joel Etherton, Philip Kendall, David K, Dawny33 Nov 30 '15 at 16:30

This question appears to be off-topic. The users who voted to close gave this specific reason:

• "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jan Doggen, Joel Etherton, Philip Kendall, David K, Dawny33

If this question can be reworded to fit the rules in the help center, please edit the question.

• 
  
  
  

  
  

  
  
  
  
  
  

  
  I am salary exempt
  – Suzan Chamberlain
  Nov 30 '15 at 16:02
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  Possible duplicate: Does an exempt employee spend time-off if they're called in during?
  – David K
  Nov 30 '15 at 16:28
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  Voted to reopen: this is a common question and has a perfectly valid answer given basic knowledge of the US' employment laws (exempt versus non-exempt status). Any manager or HR staffer should be aware of this concept which makes this on-topic.
  – Lilienthal♦
  Nov 30 '15 at 16:34
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  It may be valid, but it's also a duplicate (although there is a better answer here than any of the ones on the original). I suggest closing this and suggesting that the answer be posted on the original question.
  – DJClayworth
  Nov 30 '15 at 16:57
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  @DJClayworth a dupe is not necessary restricted for a question older than other. If a question is better, and has higher quality answer, even though it were asked before other, that post should be left open, and the lower-quality one made dupe. The answer was made here and answered this specific setup (although similar), moving it may not be so easy.
  – DarkCygnus
  Nov 14 '17 at 21:27
  

  
  
  
  

suggest improvements | 

up vote
0
down vote

favorite

I'm taking a day off. My boss expects me to check email from home. If I answer emails from home or take a call during my day off, do I have to count this as a day off since I've actually worked?

I am salaried exempt.

time-off

share|improve this question

edited Nov 30 '15 at 16:10

Elysian Fields♦

96.7k46292449

asked Nov 30 '15 at 16:01

Suzan Chamberlain

42

closed as off-topic by Jan Doggen, Joel Etherton, Philip Kendall, David K, Dawny33 Nov 30 '15 at 16:30

This question appears to be off-topic. The users who voted to close gave this specific reason:

• "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jan Doggen, Joel Etherton, Philip Kendall, David K, Dawny33

If this question can be reworded to fit the rules in the help center, please edit the question.

• 
  
  
  

  
  

  
  
  
  
  
  

  
  I am salary exempt
  – Suzan Chamberlain
  Nov 30 '15 at 16:02
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  Possible duplicate: Does an exempt employee spend time-off if they're called in during?
  – David K
  Nov 30 '15 at 16:28
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  Voted to reopen: this is a common question and has a perfectly valid answer given basic knowledge of the US' employment laws (exempt versus non-exempt status). Any manager or HR staffer should be aware of this concept which makes this on-topic.
  – Lilienthal♦
  Nov 30 '15 at 16:34
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  It may be valid, but it's also a duplicate (although there is a better answer here than any of the ones on the original). I suggest closing this and suggesting that the answer be posted on the original question.
  – DJClayworth
  Nov 30 '15 at 16:57
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  @DJClayworth a dupe is not necessary restricted for a question older than other. If a question is better, and has higher quality answer, even though it were asked before other, that post should be left open, and the lower-quality one made dupe. The answer was made here and answered this specific setup (although similar), moving it may not be so easy.
  – DarkCygnus
  Nov 14 '17 at 21:27
  

  
  
  
  

suggest improvements | 

up vote
0
down vote

favorite

up vote
0
down vote

favorite

I'm taking a day off. My boss expects me to check email from home. If I answer emails from home or take a call during my day off, do I have to count this as a day off since I've actually worked?

I am salaried exempt.

time-off

share|improve this question

edited Nov 30 '15 at 16:10

Elysian Fields♦

96.7k46292449

asked Nov 30 '15 at 16:01

Suzan Chamberlain

42

I'm taking a day off. My boss expects me to check email from home. If I answer emails from home or take a call during my day off, do I have to count this as a day off since I've actually worked?

I am salaried exempt.

time-off

share|improve this question

edited Nov 30 '15 at 16:10

Elysian Fields♦

96.7k46292449

asked Nov 30 '15 at 16:01

Suzan Chamberlain

42

share|improve this question

share|improve this question

edited Nov 30 '15 at 16:10

Elysian Fields♦

96.7k46292449

edited Nov 30 '15 at 16:10

Elysian Fields♦

96.7k46292449

edited Nov 30 '15 at 16:10

Elysian Fields♦

96.7k46292449

96.7k46292449

asked Nov 30 '15 at 16:01

Suzan Chamberlain

42

asked Nov 30 '15 at 16:01

Suzan Chamberlain

42

asked Nov 30 '15 at 16:01

Suzan Chamberlain

42

42

closed as off-topic by Jan Doggen, Joel Etherton, Philip Kendall, David K, Dawny33 Nov 30 '15 at 16:30

This question appears to be off-topic. The users who voted to close gave this specific reason:

• "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jan Doggen, Joel Etherton, Philip Kendall, David K, Dawny33

If this question can be reworded to fit the rules in the help center, please edit the question.

closed as off-topic by Jan Doggen, Joel Etherton, Philip Kendall, David K, Dawny33 Nov 30 '15 at 16:30

This question appears to be off-topic. The users who voted to close gave this specific reason:

• "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jan Doggen, Joel Etherton, Philip Kendall, David K, Dawny33

If this question can be reworded to fit the rules in the help center, please edit the question.

• 
  
  
  

  
  

  
  
  
  
  
  

  
  I am salary exempt
  – Suzan Chamberlain
  Nov 30 '15 at 16:02
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  Possible duplicate: Does an exempt employee spend time-off if they're called in during?
  – David K
  Nov 30 '15 at 16:28
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  Voted to reopen: this is a common question and has a perfectly valid answer given basic knowledge of the US' employment laws (exempt versus non-exempt status). Any manager or HR staffer should be aware of this concept which makes this on-topic.
  – Lilienthal♦
  Nov 30 '15 at 16:34
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  It may be valid, but it's also a duplicate (although there is a better answer here than any of the ones on the original). I suggest closing this and suggesting that the answer be posted on the original question.
  – DJClayworth
  Nov 30 '15 at 16:57
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  @DJClayworth a dupe is not necessary restricted for a question older than other. If a question is better, and has higher quality answer, even though it were asked before other, that post should be left open, and the lower-quality one made dupe. The answer was made here and answered this specific setup (although similar), moving it may not be so easy.
  – DarkCygnus
  Nov 14 '17 at 21:27
  

  
  
  
  

suggest improvements | 

• 
  
  
  

  
  

  
  
  
  
  
  

  
  I am salary exempt
  – Suzan Chamberlain
  Nov 30 '15 at 16:02
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  Possible duplicate: Does an exempt employee spend time-off if they're called in during?
  – David K
  Nov 30 '15 at 16:28
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  Voted to reopen: this is a common question and has a perfectly valid answer given basic knowledge of the US' employment laws (exempt versus non-exempt status). Any manager or HR staffer should be aware of this concept which makes this on-topic.
  – Lilienthal♦
  Nov 30 '15 at 16:34
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  It may be valid, but it's also a duplicate (although there is a better answer here than any of the ones on the original). I suggest closing this and suggesting that the answer be posted on the original question.
  – DJClayworth
  Nov 30 '15 at 16:57
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  @DJClayworth a dupe is not necessary restricted for a question older than other. If a question is better, and has higher quality answer, even though it were asked before other, that post should be left open, and the lower-quality one made dupe. The answer was made here and answered this specific setup (although similar), moving it may not be so easy.
  – DarkCygnus
  Nov 14 '17 at 21:27
  

  
  
  
  

I am salary exempt
– Suzan Chamberlain
Nov 30 '15 at 16:02

I am salary exempt
– Suzan Chamberlain
Nov 30 '15 at 16:02

1

1

Possible duplicate: Does an exempt employee spend time-off if they're called in during?
– David K
Nov 30 '15 at 16:28

Possible duplicate: Does an exempt employee spend time-off if they're called in during?
– David K
Nov 30 '15 at 16:28

1

1

Voted to reopen: this is a common question and has a perfectly valid answer given basic knowledge of the US' employment laws (exempt versus non-exempt status). Any manager or HR staffer should be aware of this concept which makes this on-topic.
– Lilienthal♦
Nov 30 '15 at 16:34

Voted to reopen: this is a common question and has a perfectly valid answer given basic knowledge of the US' employment laws (exempt versus non-exempt status). Any manager or HR staffer should be aware of this concept which makes this on-topic.
– Lilienthal♦
Nov 30 '15 at 16:34

It may be valid, but it's also a duplicate (although there is a better answer here than any of the ones on the original). I suggest closing this and suggesting that the answer be posted on the original question.
– DJClayworth
Nov 30 '15 at 16:57

It may be valid, but it's also a duplicate (although there is a better answer here than any of the ones on the original). I suggest closing this and suggesting that the answer be posted on the original question.
– DJClayworth
Nov 30 '15 at 16:57

1

1

@DJClayworth a dupe is not necessary restricted for a question older than other. If a question is better, and has higher quality answer, even though it were asked before other, that post should be left open, and the lower-quality one made dupe. The answer was made here and answered this specific setup (although similar), moving it may not be so easy.
– DarkCygnus
Nov 14 '17 at 21:27

@DJClayworth a dupe is not necessary restricted for a question older than other. If a question is better, and has higher quality answer, even though it were asked before other, that post should be left open, and the lower-quality one made dupe. The answer was made here and answered this specific setup (although similar), moving it may not be so easy.
– DarkCygnus
Nov 14 '17 at 21:27

suggest improvements | 

1 Answer
1

active

oldest

votes

up vote
3
down vote

If you're expected to check e-mails, then it's not a day off and you need to be paid.

As this article from the Law Office of Kristine A. Sova explains (emphasis added):

...the reality is that
technological tools, both company-issued and personal, have increased
employee accessibility, especially when off site or after hours. This
increased accessibility in turn increases the possibility that
employees are performing off-the-clock work that should be paid. And,
work that arguably should be paid, but isn’t, creates an avenue for
employees to assert unpaid wage claims against their employers.

How can this be? Through five magic words: “suffer or permit to
work.”

“Suffer or permit to work” means that if an employer requires or
allows employees to work, the time spent is generally hours worked,
and must be paid. The result is that time spent doing work not
requested by the employer, but still allowed, is generally hours
worked, if the employer knows or has reason to believe that the
employees are continuing to work and the employer is benefiting from
the work being done.

share|improve this answer

edited Nov 30 '15 at 16:31

Lilienthal♦

53.9k36183218

answered Nov 30 '15 at 16:07

Xavier J

26.3k104797

• 
  
  
  

  
  

  
  
  
  
  
  

  
  +1. I was going to answer but the question is currently on hold and you've mentioned the basics. Check my answer here for more details on exempt versus non-exempt status. Note that the question of if and how this time worked impacts OP's PTO is off-topic.
  – Lilienthal♦
  Nov 30 '15 at 16:35
  
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  This is actually a duplicate question. Can i suggest posting this answer on the original question?
  – DJClayworth
  Nov 30 '15 at 16:59
  

  
  
  
  

suggest improvements | 

1 Answer
1

active

oldest

votes

1 Answer
1

active

oldest

votes

active

oldest

votes

active

oldest

votes

up vote
3
down vote

If you're expected to check e-mails, then it's not a day off and you need to be paid.

As this article from the Law Office of Kristine A. Sova explains (emphasis added):

...the reality is that
technological tools, both company-issued and personal, have increased
employee accessibility, especially when off site or after hours. This
increased accessibility in turn increases the possibility that
employees are performing off-the-clock work that should be paid. And,
work that arguably should be paid, but isn’t, creates an avenue for
employees to assert unpaid wage claims against their employers.

How can this be? Through five magic words: “suffer or permit to
work.”

“Suffer or permit to work” means that if an employer requires or
allows employees to work, the time spent is generally hours worked,
and must be paid. The result is that time spent doing work not
requested by the employer, but still allowed, is generally hours
worked, if the employer knows or has reason to believe that the
employees are continuing to work and the employer is benefiting from
the work being done.

share|improve this answer

edited Nov 30 '15 at 16:31

Lilienthal♦

53.9k36183218

answered Nov 30 '15 at 16:07

Xavier J

26.3k104797

• 
  
  
  

  
  

  
  
  
  
  
  

  
  +1. I was going to answer but the question is currently on hold and you've mentioned the basics. Check my answer here for more details on exempt versus non-exempt status. Note that the question of if and how this time worked impacts OP's PTO is off-topic.
  – Lilienthal♦
  Nov 30 '15 at 16:35
  
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  This is actually a duplicate question. Can i suggest posting this answer on the original question?
  – DJClayworth
  Nov 30 '15 at 16:59
  

  
  
  
  

suggest improvements | 

up vote
3
down vote

If you're expected to check e-mails, then it's not a day off and you need to be paid.

As this article from the Law Office of Kristine A. Sova explains (emphasis added):

...the reality is that
technological tools, both company-issued and personal, have increased
employee accessibility, especially when off site or after hours. This
increased accessibility in turn increases the possibility that
employees are performing off-the-clock work that should be paid. And,
work that arguably should be paid, but isn’t, creates an avenue for
employees to assert unpaid wage claims against their employers.

How can this be? Through five magic words: “suffer or permit to
work.”

“Suffer or permit to work” means that if an employer requires or
allows employees to work, the time spent is generally hours worked,
and must be paid. The result is that time spent doing work not
requested by the employer, but still allowed, is generally hours
worked, if the employer knows or has reason to believe that the
employees are continuing to work and the employer is benefiting from
the work being done.

share|improve this answer

edited Nov 30 '15 at 16:31

Lilienthal♦

53.9k36183218

answered Nov 30 '15 at 16:07

Xavier J

26.3k104797

• 
  
  
  

  
  

  
  
  
  
  
  

  
  +1. I was going to answer but the question is currently on hold and you've mentioned the basics. Check my answer here for more details on exempt versus non-exempt status. Note that the question of if and how this time worked impacts OP's PTO is off-topic.
  – Lilienthal♦
  Nov 30 '15 at 16:35
  
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  This is actually a duplicate question. Can i suggest posting this answer on the original question?
  – DJClayworth
  Nov 30 '15 at 16:59
  

  
  
  
  

suggest improvements | 

up vote
3
down vote

up vote
3
down vote

If you're expected to check e-mails, then it's not a day off and you need to be paid.

As this article from the Law Office of Kristine A. Sova explains (emphasis added):

...the reality is that
technological tools, both company-issued and personal, have increased
employee accessibility, especially when off site or after hours. This
increased accessibility in turn increases the possibility that
employees are performing off-the-clock work that should be paid. And,
work that arguably should be paid, but isn’t, creates an avenue for
employees to assert unpaid wage claims against their employers.

How can this be? Through five magic words: “suffer or permit to
work.”

“Suffer or permit to work” means that if an employer requires or
allows employees to work, the time spent is generally hours worked,
and must be paid. The result is that time spent doing work not
requested by the employer, but still allowed, is generally hours
worked, if the employer knows or has reason to believe that the
employees are continuing to work and the employer is benefiting from
the work being done.

share|improve this answer

edited Nov 30 '15 at 16:31

Lilienthal♦

53.9k36183218

answered Nov 30 '15 at 16:07

Xavier J

26.3k104797

If you're expected to check e-mails, then it's not a day off and you need to be paid.

As this article from the Law Office of Kristine A. Sova explains (emphasis added):

...the reality is that
technological tools, both company-issued and personal, have increased
employee accessibility, especially when off site or after hours. This
increased accessibility in turn increases the possibility that
employees are performing off-the-clock work that should be paid. And,
work that arguably should be paid, but isn’t, creates an avenue for
employees to assert unpaid wage claims against their employers.

How can this be? Through five magic words: “suffer or permit to
work.”

“Suffer or permit to work” means that if an employer requires or
allows employees to work, the time spent is generally hours worked,
and must be paid. The result is that time spent doing work not
requested by the employer, but still allowed, is generally hours
worked, if the employer knows or has reason to believe that the
employees are continuing to work and the employer is benefiting from
the work being done.

share|improve this answer

edited Nov 30 '15 at 16:31

Lilienthal♦

53.9k36183218

answered Nov 30 '15 at 16:07

Xavier J

26.3k104797

share|improve this answer

share|improve this answer

edited Nov 30 '15 at 16:31

Lilienthal♦

53.9k36183218

edited Nov 30 '15 at 16:31

Lilienthal♦

53.9k36183218

edited Nov 30 '15 at 16:31

Lilienthal♦

53.9k36183218

53.9k36183218

answered Nov 30 '15 at 16:07

Xavier J

26.3k104797

answered Nov 30 '15 at 16:07

Xavier J

26.3k104797

answered Nov 30 '15 at 16:07

Xavier J

26.3k104797

26.3k104797

• 
  
  
  

  
  

  
  
  
  
  
  

  
  +1. I was going to answer but the question is currently on hold and you've mentioned the basics. Check my answer here for more details on exempt versus non-exempt status. Note that the question of if and how this time worked impacts OP's PTO is off-topic.
  – Lilienthal♦
  Nov 30 '15 at 16:35
  
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  This is actually a duplicate question. Can i suggest posting this answer on the original question?
  – DJClayworth
  Nov 30 '15 at 16:59
  

  
  
  
  

suggest improvements | 

• 
  
  
  

  
  

  
  
  
  
  
  

  
  +1. I was going to answer but the question is currently on hold and you've mentioned the basics. Check my answer here for more details on exempt versus non-exempt status. Note that the question of if and how this time worked impacts OP's PTO is off-topic.
  – Lilienthal♦
  Nov 30 '15 at 16:35
  
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  This is actually a duplicate question. Can i suggest posting this answer on the original question?
  – DJClayworth
  Nov 30 '15 at 16:59
  

  
  
  
  

+1. I was going to answer but the question is currently on hold and you've mentioned the basics. Check my answer here for more details on exempt versus non-exempt status. Note that the question of if and how this time worked impacts OP's PTO is off-topic.
– Lilienthal♦
Nov 30 '15 at 16:35

+1. I was going to answer but the question is currently on hold and you've mentioned the basics. Check my answer here for more details on exempt versus non-exempt status. Note that the question of if and how this time worked impacts OP's PTO is off-topic.
– Lilienthal♦
Nov 30 '15 at 16:35

This is actually a duplicate question. Can i suggest posting this answer on the original question?
– DJClayworth
Nov 30 '15 at 16:59

This is actually a duplicate question. Can i suggest posting this answer on the original question?
– DJClayworth
Nov 30 '15 at 16:59

suggest improvements |