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SGV-Laker fan
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 Posted: Mon Aug 10, 2015 11:19 am Post subject: On-call rotation question at work |
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i work for the IT department of a major health system, i'm on a 3-person weekly on-call rotation. the company require the on call person to respond to the page and dial into the conference bridge within 15 minutes after you receive the page. that means when it's my turn to be on call, i can't go anywhere far and can't plan anything for the entire 24/7 period. i'm currently on hourly pay. i have 2 questions:
1. with the current rule of responding time of 15 min, does that mean we're placed on a stand-by on call rotation, and not just regular on-call?
2. currently we're not getting any extra benefits for being on call, it's just part of our job. if our situation is qualified as on stand-by for the entire week, shouldn't we get compensated for the week-long standby period? |
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Aussiesuede
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| Posted: Mon Aug 10, 2015 12:26 pm Post subject: |
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Hopefully this is helpful:
| Quote: | On-Call Time
If employees are required to stay on your premises or at a customer's location while waiting for a work assignment, you must pay them even if they do not spend that time actually working. For example, a mechanic who knits a sweater while waiting for a customer to arrive, a corporate trainer who must wait for the client to gather employees and set up equipment, or a secretary who plays solitaire on a computer while waiting for an assignment is entitled to be paid for that time.
If employees must be on-call elsewhere, you must pay them for those hours over which they have little or no control and which they cannot use for their own enjoyment or benefit. If you place significant restrictions on an employee who is on call, that employee should be paid. There are few hard and fast rules in this area -- but generally, the more constraints you put on an employee, the more likely it is that he or she should be paid.
Here are some factors a court or agency might consider when deciding this issue:
How many calls an employee gets while on call: The more calls an employee has to respond to, the more likely he or she is entitled to pay, particularly if any of the calls require the employee to report to work or give advice or guidance over the phone.
How long an employee has to respond after a call: If you require employees to report in immediately after being paged, for example, they have a better argument that they should be paid for their time.
Where an employee can go while on call: Employees who must stay within a limited distance from work are more likely to be entitled to compensation.
What employees can do while on call: If you set a lot of rules for on-call workers, such as a ban on alcohol or a requirement that they respond quickly and in person to calls (which can be difficult if the employee is out running or taking the kids to school), you may have to pay for this time.
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On Call Rules
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SGV-Laker fan
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| Posted: Mon Aug 10, 2015 12:46 pm Post subject: |
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| ^^^ thank you, that's exactly what i'm looking for. is that California labor law? |
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Aussiesuede
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| Posted: Mon Aug 10, 2015 12:48 pm Post subject: |
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| SGV-Laker fan wrote: | | ^^^ thank you, that's exactly what i'm looking for. is that California labor law? |
That's Federal Labor Law. (IE, the minimum standards). Whay it basically boils down to is:
a) Does an Employer Have Control over your time?
b) Are you free to do as you wish?
If you answer yes to A and No to B, then you should be paid.
Here is the California Law:
| Quote: |
Controlled Time
Controlled standby generally means that an employee is required to remain on call on the employer’s premises, or so close to it that the employee cannot use the time effectively for their own purpose. So, for example, suppose you have finished work for the day and your boss tells you that she needs you to be on call for another 2 hours, but she needs you to be no further away than the coffee shop on the first floor of your building. Any controlled standby time must be added to regular time worked to determine if overtime compensation is due. Controlled standby time may be compensated at a different rate than is paid for other work by the same employee, so long as the employee is paid at least minimum wage.
Uncontrolled Time
Uncontrolled standby generally means that an employee is not required to remain on the employer’s premises, and is merely required to carry a cell phone or pager. Uncontrolled standby time may be spent predominantly for the employee’s own purposes. An employer may require that an employee on uncontrolled standby limit himself or herself to being no further away from the employer’s business than a twenty-minute response time. In one particular court case, three minutes was ruled to be too restrictive and was found to be controlled time.
Is it Controlled or Uncontrolled?
The California Department of Labor Standards (DLSE) considers the following standards to determine if on call time is compensable: (1) geographical restrictions on the employees' movements; (2) required response time; (3) the nature of the employment; and (4) the extent the employer's policy impacts personal activities during on call time.
The federal Ninth Circuit in California basically looks to two factors in determining if the time is controlled or uncontrolled: (1) the degree to which employees are free to engage in personal activities and (2) the agreement between the employer and employee. The U.S. Supreme Court looks at whether the time is spent predominantly for the employer’s or the employee’s benefit. Here are further examples of court decisions ruling that standby time was uncontrolled:
-- A hospital biomedical repair technician was not entitled to compensation even though he was the only on-call tech, was required to respond to all calls, responded to an average of 4 to 5 calls per week, was on-call by beeper, had to respond within 20 minutes, and could not be intoxicated if called. |
California On Call
You'll have to ask a lawyer why the Bolded did not qualify.
_________________
I'm On point, On task, On message, and Off drugs. A Streetwise Smart Bomb, Out of rehab and In denial. Over the Top, On the edge, Under the Radar, and In Control. Behind the 8 ball, Ahead of the Curve and I've got a Love Child who sends me Hate mail.
Last edited by Aussiesuede on Mon Aug 10, 2015 12:54 pm; edited 1 time in total |
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999
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| Posted: Mon Aug 10, 2015 12:53 pm Post subject: |
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| does this help with a salary paid person. Im on salary and Im always on call |
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Aussiesuede
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| Posted: Mon Aug 10, 2015 1:06 pm Post subject: |
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| LAKERSCMXCIX wrote: | | does this help with a salary paid person. Im on salary and Im always on call |
Nope. Salaried workers are what's termed "Exempt Employees". To be paid anything more than your salary, it has to be specifically specified in your job contract.
Sadly very few Americans take the time to make any demands in their job contract when they accept a salaried position. Americans have been conditioned to believe that "The offer is non negotiable".
_________________
I'm On point, On task, On message, and Off drugs. A Streetwise Smart Bomb, Out of rehab and In denial. Over the Top, On the edge, Under the Radar, and In Control. Behind the 8 ball, Ahead of the Curve and I've got a Love Child who sends me Hate mail. |
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ringfinger
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| Posted: Mon Aug 10, 2015 1:07 pm Post subject: |
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What's your exempt / non-exempt status?
If you're non-exempt, you qualify for overtime. If not, you're SOL pretty much. |
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SGV-Laker fan
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| Posted: Mon Aug 10, 2015 1:25 pm Post subject: |
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| ringfinger wrote: | What's your exempt / non-exempt status?
If you're non-exempt, you qualify for overtime. If not, you're SOL pretty much. |
currently i'm still on hourly, so i guess i'm non-exempt. i'm 100% positive they gonna make me salaried if i complain about this. |
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Aussiesuede
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| Posted: Mon Aug 10, 2015 1:41 pm Post subject: |
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| SGV-Laker fan wrote: | | ringfinger wrote: | What's your exempt / non-exempt status?
If you're non-exempt, you qualify for overtime. If not, you're SOL pretty much. |
currently i'm still on hourly, so i guess i'm non-exempt. i'm 100% positive they gonna make me salaried if i complain about this. |
Oh yeah. They definitely will. And that's the perfect time to negotiate. Accept a salary rate that accounts for at least 20% of the "On Call" dead time.
_________________
I'm On point, On task, On message, and Off drugs. A Streetwise Smart Bomb, Out of rehab and In denial. Over the Top, On the edge, Under the Radar, and In Control. Behind the 8 ball, Ahead of the Curve and I've got a Love Child who sends me Hate mail. |
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Aeneas Hunter
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| Posted: Mon Aug 10, 2015 2:00 pm Post subject: |
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| Aussiesuede wrote: | | Nope. Salaried workers are what's termed "Exempt Employees". To be paid anything more than your salary, it has to be specifically specified in your job contract. |
Incorrect. It takes more than salary status to be exempt. Employers get burned by this all the time. A lot of the overtime litigation involves salaried employees who are misclassified as exempt.
To the OP: Be aware that the courts are tough on employees in on-call situations. It doesn't take a lot for an employer to prove that the employee is free to do other things. |
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SGV-Laker fan
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| Posted: Mon Aug 10, 2015 3:30 pm Post subject: |
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| i think i forgot to mention we do get pay for OT whenever we call in during after hours, that's not the issue, the time we spend on waiting for something to happen during our days off that's the issue i'm questioning. |
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Aeneas Hunter
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| Posted: Mon Aug 10, 2015 3:39 pm Post subject: |
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| Right. The question is usually whether the on-call time is compensable under the FLSA (the federal overtime statute). If it is, you get time and a half for all of the time (assuming that your total hours exceed 40). I know that California has a broad statute covering the same subject matter, but I can't speak to that. |
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ringfinger
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| Posted: Mon Aug 10, 2015 4:10 pm Post subject: |
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| SGV-Laker fan wrote: | | i think i forgot to mention we do get pay for OT whenever we call in during after hours, that's not the issue, the time we spend on waiting for something to happen during our days off that's the issue i'm questioning. |
Why do you have to wait for something to happen? Just curious.
It sounds like all you're required to do is answer the page (can be done anywhere) and join a conference bridge (can be done anywhere via a smartphone).
Like, why do you have to be bed ridden? (I'm exaggerating). |
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SGV-Laker fan
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| Posted: Mon Aug 10, 2015 4:26 pm Post subject: |
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| ringfinger wrote: | | SGV-Laker fan wrote: | | i think i forgot to mention we do get pay for OT whenever we call in during after hours, that's not the issue, the time we spend on waiting for something to happen during our days off that's the issue i'm questioning. |
Why do you have to wait for something to happen? Just curious.
It sounds like all you're required to do is answer the page (can be done anywhere) and join a conference bridge (can be done anywhere via a smartphone).
Like, why do you have to be bed ridden? (I'm exaggerating). |
they expect me to provide support while on the conf bridge, not just dial in and listen to the call. can't do that while i'm at movie theaters or bbqing at park |
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Aussiesuede
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| Posted: Mon Aug 10, 2015 4:41 pm Post subject: |
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| SGV-Laker fan wrote: | | ringfinger wrote: | | SGV-Laker fan wrote: | | i think i forgot to mention we do get pay for OT whenever we call in during after hours, that's not the issue, the time we spend on waiting for something to happen during our days off that's the issue i'm questioning. |
Why do you have to wait for something to happen? Just curious.
It sounds like all you're required to do is answer the page (can be done anywhere) and join a conference bridge (can be done anywhere via a smartphone).
Like, why do you have to be bed ridden? (I'm exaggerating). |
they expect me to provide support while on the conf bridge, not just dial in and listen to the call. can't do that while i'm at movie theaters or bbqing at park |
Looks like your work might be saving your life! 
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I'm On point, On task, On message, and Off drugs. A Streetwise Smart Bomb, Out of rehab and In denial. Over the Top, On the edge, Under the Radar, and In Control. Behind the 8 ball, Ahead of the Curve and I've got a Love Child who sends me Hate mail. |
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SGV-Laker fan
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| Posted: Wed Sep 02, 2015 10:03 am Post subject: |
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| bringing this thread back to life. just got official words from our HR, what i've been doing is on standby during off hours but is unpaid. it says clearly i need to be by my PC within 20 minutes of getting the 1st page. i only get pay call back hours if i actually do work on something, but not for time i sit around the house waiting for the call. once again, i'm an hourly employee, do i have a case now? |
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audioaxes
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| Posted: Wed Sep 02, 2015 11:35 am Post subject: |
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Without a union I would not shake the cage too much. Gray area in IT employee hours is a fact of life. I worked in places where there was an unspoken policy of nonexempt employees working occasional OT without getting paid. Those who made noise about this were obviously not seen favorably by management and were less likely to promote or worse.
I got to where I am today by being one of the ones working the longest amount of unpaid hours without complaining.
Maybe request for your job to give you a laptop with a mobile hotspot device so you are not tied down at home. |
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Aeneas Hunter
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| Posted: Wed Sep 02, 2015 2:25 pm Post subject: |
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| SGV-Laker fan wrote: | | bringing this thread back to life. just got official words from our HR, what i've been doing is on standby during off hours but is unpaid. it says clearly i need to be by my PC within 20 minutes of getting the 1st page. i only get pay call back hours if i actually do work on something, but not for time i sit around the house waiting for the call. once again, i'm an hourly employee, do i have a case now? |
Here is some discussion from the Department of Labor.
http://www.dol.gov/whd/opinion/FLSANA/2008/2008_12_18_14NA_FLSA.htm |
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