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In New Jersey, on-call time is considered hours worked
when calls are so frequent or the on-call conditions so restrictive that
the employees are not really free to use the intervening periods effectively
for their own benefit.
On-call time is not considered hours
worked when employees are not required to remain on the employer's
premises and are free to engage in their own pursuits, subject only to the
understanding that they leave word at their home or with the employer where
they may be reached. When an employee does go out on an on-call
assignment, only the time actually spent in making the call is counted as hours
In New Jersey, for on-call time during which
employees are required to remain at home, the following rules apply:
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wage and hour laws, or to retain a skilled overtime attorney to defend
your company in overtime pay lawsuits or other wage and hour litigation.
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