forced on call
I have asked this question and did not get an answer yet. Can a nursing home single out one shift to be on call? The home I work at has done this to 7-3 and no other shift and at least 5 CNA don't have to do this. If we don't pick a day they give us one,if you can not do it you are written up for it. Is this legal. I really would like to know.
2 answers | asked Sep 13, 2004 11:37 PM [EST] | applies to Pennsylvania
Answers (2)
"On Call" Tough Luck
Unfortunately, it is very likely that your employer is acting within the law. While it seems unfair to require your shift to undertake additional duties, it is legal. However, if your employer basis the "on call" requirement on the employee's race, gender, religion, age, or similar factor, this is illegal.
Can you change your shift - if not - why?
Feel free to contact me if you need additional help.
David L. Bargeron, Esquire
610-972-6610
posted by DAVID L. BARGERON | Sep 14, 2004 3:56 PM [EST]
Unfortunately, it is very likely that your employer is acting within the law. While it seems unfair to require your shift to undertake additional duties, it is legal. However, if your employer basis the "on call" requirement on the employee's race, gender, religion, age, or similar factor, this is illegal.
Can you change your shift - if not - why?
Feel free to contact me if you need additional help.
David L. Bargeron, Esquire
610-972-6610
posted by DAVID L. BARGERON | Sep 14, 2004 3:56 PM [EST]
You may have a right to pay for on-call duty
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, a Pennsylvania employer may require certain employees to be "on call." There is no requirement that the "on call" status be applied evenly to all shifts or employees. However, "on call" status can place a significant burden on employees, and, depending on how onerous the "on call" requirements are, the "on call" employee may be entitled to pay during the "on call" period.
Based on your question, the discipline that you are subject to may indicate you should be paid for your "on call" status. I would need more information to give you a definitive answer on that issue.
You also indicate that 5 CNA's do not have to be "on call;" while an employer may not require all employees to be "on call," the employer may not determine "on call" requirements based on age, gender, race, religion, pregnancy, disability, etc. If you believe your employer is discriminating in its "on call" requirements based on those factors, you may have a discrimination claim.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Sep 14, 2004 08:26 AM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, a Pennsylvania employer may require certain employees to be "on call." There is no requirement that the "on call" status be applied evenly to all shifts or employees. However, "on call" status can place a significant burden on employees, and, depending on how onerous the "on call" requirements are, the "on call" employee may be entitled to pay during the "on call" period.
Based on your question, the discipline that you are subject to may indicate you should be paid for your "on call" status. I would need more information to give you a definitive answer on that issue.
You also indicate that 5 CNA's do not have to be "on call;" while an employer may not require all employees to be "on call," the employer may not determine "on call" requirements based on age, gender, race, religion, pregnancy, disability, etc. If you believe your employer is discriminating in its "on call" requirements based on those factors, you may have a discrimination claim.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Sep 14, 2004 08:26 AM [EST]
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