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Being on call with highly flexible hours absolutely is not sufficient to make you federally exempt. There are only three things:
And, as with most things, your state may have stricter rules. You may also have an employment agreement that grants overtime even if you would be otherwise exempt. But as with the rest of the minimum wage, the federal rule sets a floor that your employer can't go under without risking you suing them for stolen wages.
Not everyone lives where you do and labor laws are complex and varied. Which is why I didn’t go into specifics.
Have fun with that pedantry though.
If we ignore setting and presume an international audience, then it makes sense to also ignore the minimums in laws and reduce it to base principles. Which makes grind culture even worse.
If you regularly work more than 40 hours a week you are being exploited. Regardless of your profession, wage, ownership stake, or what claims your local laws would let you pursue.
This extends very nicely to monthly and annual labor statistics. 72 hour weeks for certain irregular situations like "bringing in the harvest" may not be exploitive, so long as the ratio of hours worked to hours elapsed drops beneath 24%. (5/7/3).
If you’re going to move the goalpost can you at least move it past my “dickhead employers are a dime a dozen…” initial statement?