Imagine you have two friends who work for a \"disaster recovery business.\" A di

Question

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)

Explanation / Answer

MEMO stating legal obligations for the parties involved

This memo is made and entered as of 16/01/2018 by “XYZ disaster recovery”, with an address at “XYZ disaster recovery,Street 2, San Francisco” with “Mr. ABC”(name of employee hired) with an address at (employees address). This memorandum is signed in order to set understanding between both employer and employee while appointing employee. This memo will expire in 11 months from the date of its effectiveness unless it is extended in written.

In the witness whereof; by signing this memo, both employers and employee have entered the memo to be effective and should be executed from effective date.

Employer signature

XYZ disaster recovery, 16/01/2018

Employee Signature

ABC, 16/01/2018

(All the three mentioned questions are answered in the above memo.)

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