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  1. #1
    Join Date
    Oct 2010
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    1

    Default Alarm Monitroring Service for Free

    My question involves employment and labor law for the state of:Texas I am an hourly employee for a staffing agency and after my shift ends the manager where I am assigned requires me to monitor alarms via a pager from a building automation system I have to analyze each alarm and respond if necessary. There are numerous alarms at all times and scheduled test alarms at 6am, noon, 6pm and midnight which means at the very least I haven’t had eight hours sleep in over a year. Over the last 3 days I have had over 1,200 alarms. Instead of being on call I’m performing a alarm monitoring service. I think I should I get paid for this? I make $30.29hr so I think they owe me over $300,000.00 in overtime.

  2. #2
    Join Date
    Oct 2010
    Posts
    9

    Default Re: Alarm Monitroring Service for Free

    How long have you worked for this company?

  3. #3
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Alarm Monitroring Service for Free

    The TWC takes claims for unpaid wages for up to 180 days after the alleged violation. The federal DOL will take claims for up to 2 years, three if the violation is deemed willful, but will can only order minimum wage for the unpaid straight-time, but the full overtime rate for the overtime worked (which most of this would likely be).

    Having said that, there is no bright line for whether or not "on call" time is compensable; it is based on a number of factors, although if the example you gave in your post is typical, I think you have a good shot in arguing that your time is so "severely restricted" that a court might find this to be hours worked and therefore compensable. Have you talked to the staffing agency about this? Have you recorded ANY of this time on your time sheets?

    If you're really talking about this much money, invest in an employment law attorney in your area.

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