# Can my work legally do this? **URL:** \ **Category:** NYSpeed Off Topic\ **Created:** [June 12, 2008, 7:20am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898 "2008-06-12T07:20:16Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![itsJim](https://avatars.discourse-cdn.com/v4/letter/i/c67d28/32.png) [@itsJim](https://forums.speedlife.net/u/itsJim)\ **Post date:** [June 12, 2008, 7:20am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/1 "2008-06-12T07:20:16Z")
My work wants to start mandating everyone to take the after hours support phone (mon-fri 6-9 and 8-6 on weekends). It only pays $200 a week and 1/4 a vacation day. There was a meeting about increasing the pay to $300 and pay on a per call basis but that has yet to see the light of day. Currently I refuse to take the phone (unless I really have to) because I don’t think $200 is worth it. The phone averages about 20 calls a week. I’m paid hourly and I don’t think they can legally force me to take this phone, considering they never mentioned that when I accepted the job. Any ideas on how I can know for sure if they can do this? ---
**Author:** ![Nikuk](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/nikuk/32/7254_2.png) [@Nikuk](https://forums.speedlife.net/u/Nikuk)\ **Post date:** [June 12, 2008, 7:25am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/2 "2008-06-12T07:25:57Z")
call the labor department. read your employee handbook where it prolly says they can change your job duties whenever they want to. ---
**Author:** ![LZ1](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@LZ1](https://forums.speedlife.net/u/LZ1)\ **Post date:** [June 12, 2008, 7:27am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/3 "2008-06-12T07:27:24Z")
You live in an area with shitty cell phone service and you made your self an extra $200 a week… sounds like a deal to me ---
**Author:** ![Bacon](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/bacon/32/7230_2.png) [@Bacon](https://forums.speedlife.net/u/Bacon)\ **Post date:** [June 12, 2008, 7:28am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/4 "2008-06-12T07:28:08Z")
Are they forcing overtime on you or am I missing something vital here. ---
**Author:** ![LZ1](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@LZ1](https://forums.speedlife.net/u/LZ1)\ **Post date:** [June 12, 2008, 7:30am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/5 "2008-06-12T07:30:48Z")
What kind of phone support is this? What product/service? ---
**Author:** ![boxxa](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/boxxa/32/5045_2.png) [@boxxa](https://forums.speedlife.net/u/boxxa)\ **Post date:** [June 12, 2008, 7:46am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/6 "2008-06-12T07:46:17Z")
New York is employment at will. If they arent discriminating against who takes it and makes it mandatory through the company and rotates, deal with it or quit. They are paying you to carry a phone and still have a life, not to sit at a desk in the office. We have a on call phone that rotates every week. The alarms call out to you and you can hear the issue. The person on call gets paid an additional 3 standard hours for having the phone and any issues you respond to can be put down as over time. My last company didnt have any compensation for the oncall pager. Just part of the job. D ---
**Author:** ![boardjnky4](https://avatars.discourse-cdn.com/v4/letter/b/96bed5/32.png) [@boardjnky4](https://forums.speedlife.net/u/boardjnky4)\ **Post date:** [June 12, 2008, 7:48am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/7 "2008-06-12T07:48:51Z")
sounds like you work in tech support, and you are upset that you have an oncall rotation? Welcome to the real world. ---
**Author:** ![OfficerK](https://avatars.discourse-cdn.com/v4/letter/o/4da419/32.png) [@OfficerK](https://forums.speedlife.net/u/OfficerK)\ **Post date:** [June 12, 2008, 7:49am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/8 "2008-06-12T07:49:44Z")
Shit I’ll take ~20 calls for $200-300 week…1 vacation day per month of it isnt much but a little added bonus I guess… think of it like a side job for a little extra cash ---
**Author:** ![Fry](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/fry/32/7284_2.png) [@Fry](https://forums.speedlife.net/u/Fry)\ **Post date:** [June 12, 2008, 7:59am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/9 "2008-06-12T07:59:26Z")
I’m in the middle of a workforce management class, so I have actual education on this fresh in my mind. The correct answer is: Yes, they can do that. If you were in a protected class and they seemed to be singling you out, then no they probably couldn’t. But if they’re just changing the job requirements then that’s fine. ---
**Author:** ![Nikuk](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/nikuk/32/7254_2.png) [@Nikuk](https://forums.speedlife.net/u/Nikuk)\ **Post date:** [June 12, 2008, 8:08am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/10 "2008-06-12T08:08:55Z")
> [@Fry](#): > > But if they’re just changing the job requirements then that’s fine. DING DING DING ---
**Author:** ![boxxa](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/boxxa/32/5045_2.png) [@boxxa](https://forums.speedlife.net/u/boxxa)\ **Post date:** [June 12, 2008, 8:15am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/11 "2008-06-12T08:15:26Z")
> [@Fry](#): > > I’m in the middle of a workforce management class, so I have actual education on this fresh in my mind. > > The correct answer is: Yes, they can do that. > > If you were in a protected class and they seemed to be singling you out, then no they probably couldn’t. But if they’re just changing the job requirements then that’s fine. Yep. Basic human resources. You are at the will of your employer in NY state. Its amazing what people can do. For example, your boss can walk in one day and say “Anyone wearing red is fired.” and not be sued. Only thing would be is if red was worn by only protected classes(women, african americans, hispanics, etc) that day or something. ---
**Author:** ![Fry](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/fry/32/7284_2.png) [@Fry](https://forums.speedlife.net/u/Fry)\ **Post date:** [June 12, 2008, 8:17am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/12 "2008-06-12T08:17:31Z")
:lol: He could fire all the fat people except for the really fat people because if you BMI is 100 or higher you’re morbidly obese and thus disabled and protected. ---
**Author:** ![RuBiCaNT](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/rubicant/32/7622_2.png) [@RuBiCaNT](https://forums.speedlife.net/u/RuBiCaNT)\ **Post date:** [June 12, 2008, 8:19am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/13 "2008-06-12T08:19:37Z")
> [@Fry](#): > > :lol: He could fire all the fat people except for the really fat people because if you BMI is 100 or higher you’re morbidly obese and thus disabled and protected. Leave it to you to think about that exception. :mamoru: ---
**Author:** ![itsJim](https://avatars.discourse-cdn.com/v4/letter/i/c67d28/32.png) [@itsJim](https://forums.speedlife.net/u/itsJim)\ **Post date:** [June 12, 2008, 8:23am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/14 "2008-06-12T08:23:01Z")
It doesn’t matter if I am hourly? The thing is I am pretty much tied to my house when being on call because a few calls NEED to be done on the computer. It’s pretty much like 35 hours of overtime for $200… ---
**Author:** ![RuBiCaNT](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/rubicant/32/7622_2.png) [@RuBiCaNT](https://forums.speedlife.net/u/RuBiCaNT)\ **Post date:** [June 12, 2008, 8:24am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/15 "2008-06-12T08:24:28Z")
> [@itsJim](#): > > It doesn’t matter if I am hourly? The thing is I am pretty much tied to my house when being on call because a few calls NEED to be done on the computer. It’s pretty much like 35 hours of overtime for $200… Does your company have an overtime policy? ---
**Author:** ![Fry](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/fry/32/7284_2.png) [@Fry](https://forums.speedlife.net/u/Fry)\ **Post date:** [June 12, 2008, 8:28am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/16 "2008-06-12T08:28:25Z")
So you’re just on call, and they’re ignoring the fact that you have to be home to provide the service? ---
**Author:** ![itsJim](https://avatars.discourse-cdn.com/v4/letter/i/c67d28/32.png) [@itsJim](https://forums.speedlife.net/u/itsJim)\ **Post date:** [June 12, 2008, 8:32am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/17 "2008-06-12T08:32:23Z")
> [@RuBiCaNT](#): > > Does your company have an overtime policy? Yeah. There isn’t much in the handbook, but these look like the only relevant sentences: Overtime pay is based on actual hours worked. Saturday and Sunday is automatically paid at 1.5 times the regular rate of pay ---
**Author:** ![itsJim](https://avatars.discourse-cdn.com/v4/letter/i/c67d28/32.png) [@itsJim](https://forums.speedlife.net/u/itsJim)\ **Post date:** [June 12, 2008, 8:33am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/18 "2008-06-12T08:33:08Z")
> [@Fry](#): > > So you’re just on call, and they’re ignoring the fact that you have to be home to provide the service? Yup… ---
**Author:** ![itsJim](https://avatars.discourse-cdn.com/v4/letter/i/c67d28/32.png) [@itsJim](https://forums.speedlife.net/u/itsJim)\ **Post date:** [June 12, 2008, 8:33am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/19 "2008-06-12T08:33:42Z")
> [@LZ](#): > > What kind of phone support is this? What product/service? Tech support for a Point-of-Sale Software company ---
**Author:** ![Fry](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/fry/32/7284_2.png) [@Fry](https://forums.speedlife.net/u/Fry)\ **Post date:** [June 12, 2008, 8:35am UTC](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898/20 "2008-06-12T08:35:13Z")
They’re telling you that you just have to be “on call?” They’re not calling it “working?” [Next page](https://forums.speedlife.net/t/can-my-work-legally-do-this/49898.md?page=2)