I worked as a Staffing Coordinator for a Home Health Care Company here in Ohio. I was a non-exempt employee paid by the hour. I was required to be on call every other week. While on call I would have to dispatch staff to client house, respond to employee call-offs, take new client intakes and a host of other administrative duties. The on-call schedule was from 5p-8:30a during the week and 24 hours on weekends. I was paid $30.00 per day during the week and $75 for weekends/holidays.
I have reviewed the DOL regulations regarding on-call pay and find it a little complex. Althrough, I was able to go as I please, I was limited to where I could go because the phone will ring and I would have to excuse myself because of HIPPA law I could not discuss clients medical histroy in a public area. This prevented me from going out to movies, dinner, with friends/family because of the number of calls I received daily.
I was informed that as a non-exempt employee I should have been paid OT while being on-call which I was not. In addition, my on-call check was not included with my regular paycheck as a Staffing Coordinator because the on-call check was paid weekly and the office check was paid bi-weekly. My question is should I have been paid OT while on-call and if so how do I go about collecting the past due OT? If it helps I never signed a job description for being on-call and I had to use my own personal phone while on-call.