Imagine you have two friends who work for a "disaster recovery business."
A disaster recovery business responds to calls from [potential] clients who have had a "disaster" damage their home - for example, a pipe burst and caused a flood, or the cat knocked over a halogen lamp causing fire damage in the living room, or a hurricane has broken a window and damaged a room.
Business has picked up and this small, 2-man company decides to hire a new employee.
This person will staff an office from 9-5 M-F and take calls 24/7 from people who have had a disaster.
The person will keep track of invoices, billing, payments, etc. They would need to carry a mobile phone and answer calls that could arise 24 hours a day/7 days a week.
Your friends know you've taken an employment law course and ask you for help.
Draft a memo setting forth the legal responsibilities (if any) towards this person.
1. Discuss in detail, in relation to both federal and a specific state law, if the company has to pay the employee by the hour for each hour they carry the mobile phone?
2. What does being on call 24/7 really mean?
3. What can or cannot the employee do while on call 24/7?
Support your conclusions in 1-3 on either federal and or state law. (Please include link to the laws) (Subject - Employment Law)