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Payment for time spent asleep or on-call

Workers in New York are sometimes entitled to receive payment from their employer for time that is not actually spent working. Whether or not an employee receives payment for downtime will depend on the type of job that they do and how long their shifts last.

A worker who is required to stay at a work site for less than 24 hours is often compensated for time spent sleeping. In addition, workers who stay at the job site for 24 hours and are provided with sleeping facilities will be paid for time spent sleeping if it is less than eight hours. Some examples of workers who might be paid for sleep time include caregivers, ambulance drivers and security guards.

An employer may also be obligated to pay a worker for time that the worker spends awake and on-call but not working. On-call workers will usually be paid whether they are required to be at the job site while they are on-call. As long as a worker's activities are restricted while they are on-call, they are usually entitled to payment for all the time that they spend ready and available for work. Some examples of on-call workers include airport limo drivers and firefighters.

Some employers disregard wage laws when it comes to on-call workers and workers who must sleep on the job site. A worker who believes that they have not been compensated appropriately for their time might want to speak with an attorney about filing an unpaid wage claim. An attorney may be able to gather evidence about how a worker was paid and compare that to current wage and hour laws to show that the employer owes back wages.

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