mandatory on call
Employer just instituted mandatory on call. 27 hour shift unpaid. Is that legal?
1 answer | asked Aug 6, 2007 7:23 PM [EST] | applies to Ohio
Answers (1)
On Call Time is Usually not Compensable
An employer can require you to be on call without paying you for the interference that that has with your life, so long as you are generally free to go about your normal routines. The U.S. Department of Labor (DOL)has regulations that identify the point at which the on-call requirements will be treated as "hours worked" for overtime purposes on its website. The DOL says that an employee who is required to remain on call on the employer's premises is working while "on call" and entitled to be paid for the hours worked. An employee who is required to remain on call at home, or who is allowed to leave a message where he/she can be reached, is not working (in most cases) while on call. Additional constraints on the employee's freedom could require this time to be compensated.
posted by Neil Klingshirn | Aug 7, 2007 11:08 AM [EST]
An employer can require you to be on call without paying you for the interference that that has with your life, so long as you are generally free to go about your normal routines. The U.S. Department of Labor (DOL)has regulations that identify the point at which the on-call requirements will be treated as "hours worked" for overtime purposes on its website. The DOL says that an employee who is required to remain on call on the employer's premises is working while "on call" and entitled to be paid for the hours worked. An employee who is required to remain on call at home, or who is allowed to leave a message where he/she can be reached, is not working (in most cases) while on call. Additional constraints on the employee's freedom could require this time to be compensated.
posted by Neil Klingshirn | Aug 7, 2007 11:08 AM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers
Contact Neil Klingshirn
Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500