can an employee be forced to work a shift and be on call that same day
department not H.R is asking non exempt professionls to work 8 hours shift and be on call all night to return to the premises for the next 8 hour shift
1 answer | asked Jul 13, 2015 09:31 AM [EST] | applies to New York
Answers (1)
Unless your union CBA or civil service laws prohibit the practice you must comply.
100% of "on call" time is usually paid for employees:
1) Remaining in workrooms or workplaces; home office included.
2) Ready to answer calls or perform work immediately when called.
3) Work all hours where they are confined to a workroom or workplace even if not working since they can’t engage in meaningful, non-work activities.
Each year more and more employees qualify as "subject to call" which limits compensation to actual time worked
:
1) These employees leave their prescribed workrooms or workplaces
2) Many work from home where employees can engage in personal activities or pursuits.
3) Are sometimes required to stay within 15 to 30 minutes, more or less, from their workroom or workplace where pay accrues from the time ordered (by HR or other authorities) to return to work.
4) May still engage in personal pursuits or interests meaningfully (meaning without constant interruptions) and be available by cell phone and “subject to call.”
5) May leave prescribed workrooms, workplaces, or homes and be “subject to call.”
Employees who don’t have the flexibility to do other things while “subject to call” may actually be “on call.” If an employee can never plan to be “subject to call” and is required to be “on call” and reporting to a workplace in short order and unable to do other meaningful activities then they are probably “on call.”
Employees must be paid at least minimum wage. Non exempt professionals and others are entitled to time and one half for hours in excess of 40 per week. As a “professional” why are you not exempt from overtime pay?
As a non exempt professional you are paid time and one half for hours in excess of 40 per week.
posted by V Jonas Urba | Jul 13, 2015 4:16 PM [EST]
100% of "on call" time is usually paid for employees:
1) Remaining in workrooms or workplaces; home office included.
2) Ready to answer calls or perform work immediately when called.
3) Work all hours where they are confined to a workroom or workplace even if not working since they can’t engage in meaningful, non-work activities.
Each year more and more employees qualify as "subject to call" which limits compensation to actual time worked
:
1) These employees leave their prescribed workrooms or workplaces
2) Many work from home where employees can engage in personal activities or pursuits.
3) Are sometimes required to stay within 15 to 30 minutes, more or less, from their workroom or workplace where pay accrues from the time ordered (by HR or other authorities) to return to work.
4) May still engage in personal pursuits or interests meaningfully (meaning without constant interruptions) and be available by cell phone and “subject to call.”
5) May leave prescribed workrooms, workplaces, or homes and be “subject to call.”
Employees who don’t have the flexibility to do other things while “subject to call” may actually be “on call.” If an employee can never plan to be “subject to call” and is required to be “on call” and reporting to a workplace in short order and unable to do other meaningful activities then they are probably “on call.”
Employees must be paid at least minimum wage. Non exempt professionals and others are entitled to time and one half for hours in excess of 40 per week. As a “professional” why are you not exempt from overtime pay?
As a non exempt professional you are paid time and one half for hours in excess of 40 per week.
posted by V Jonas Urba | Jul 13, 2015 4:16 PM [EST]
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