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Exempt Employee's On Call, FEMA and Nuclear Duties

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  • 07-25-2009, 06:25 AM
    ilovechicken
    Exempt Employee's On Call, FEMA and Nuclear Duties
    I'm an engineer in the nuclear power industry and have a couple questions.

    I'm looking for advice if the below scenario's are legal by my employer to force upon employees.

    Scenario 1:


    All companies operating nuclear power facilities are required to have an Emergency Protection plan. This is a requirement established by the Nuclear Regulatory Commission (NRC). This covers having an emergency response plan if there was ever a significant event (think Chernobyl, Three Mile Island).

    To achieve this, a communication system is required to contact employees at all times, including "non working" hours.

    This evolution requires periodic cycling per a schedule who is "on call" and require to respond to a pager within a certain time frame specified by their designated position. That position arbitrarily assigned based on where they decided to obtain residency and only in a few positions, technical background. I.E. one wouldn't put a janitor in a position required to evaluate nuclear reactor or fuel barrier integrity. They are not specified at the time of hire but some period after.

    While on call, it's claimed to be REQUIRED within your responder radius. I.E. 1 hour, 2 hours, 3, hours... and so on and one MUST respond to the page (test pages are sent) within that time period. One must specify during that page how long it would take to reach their designated responder post.

    While on call, it is claimed to be REQUIRED to be physically and mentally capable of performing your role. I.E. One cannot drink any alcohol whatsoever.

    If one wishes, they can attempt (but not guaranteed) swap to another employee who will respond for them. I.E. Hi, i'm going out to dinner, i want to have a glass of wine, can you cover for me until ____. I.E. My grandma had a heart attack, I we've got a 1 hour responder requirement, the hospital is 2 hours away. Can you cover for me so I can go to the hospital (no guarantee the other will accept), but if one goes without finding someone else to cover they're in violation.

    Above, I'm trying to guide this activity does in fact greatly restrict personal activities, lifestyle and ability to plan ahead; it's encumbering with work duties while even physically not at work. It's also responsibility of the employee to find an alternate. Opinion: A non encumbering system would be something like calling a designated employee responsible for the program and say, "I'm going out drinking, find someone else. Bye."

    Also, there is the ability for us to get paid overtime. If the item above would be considered work hours, hypothetically we could get reimbursed for those hours. Currently we do not.

    Opinions on if this can be forced upon the employee above and beyond their normal work?

    Scenario 2:


    This is somewhat a continuation of the scenario above. In the recent past, the story changed and we are now told even if we're not the person "on duty" above, we're required to not only respond to the emergency page, but also respond to any other page. I.E. technical questions. Usually these calls turn into "can you come in" or "please come in" to work.

    The original requirement of this communication system was only for the specified emergency protection plan mandated by the NRC.

    This requirement is something else and gets abused quite frequently. I've somewhat given in and don't squalk about the emergency coverage (out of kindness), but the other really is troublesome. They even use the words "on call" for anything while you're "on duty" for emergency activities.

    Again, is this considered work hours if it's a required activity.

    I found this link but it appears to be more guided for hourly employees:

    http://wagehourlaw.foxrothschild.com...t-compensable/

    items worth mentioning:

    Factors considered include:

    1. geographical restrictions;

    Scenario 1: We are certainly restricted.

    2. required response time;

    Scenario 1: We have required response times.

    Scenario 2: We are required to respond.

    3. frequency of calls during the period;

    Scenario 1: They send out test pages on occasion.

    Scenario 2: Not frequently.

    4. use of a pager (which gives the employee freedom to be away from a telephone);

    Scenario 1: Pager required, but must call back (so must be near a phone).

    Scenario 2: Pager required, but must call back (so must be near a phone).

    5. extent personal activities are actually engaged in during on-call time;

    Scenario 1: I can do yard work, stay within my radius, but cannot leave my radius. I must wear my pager. I.E. Technically if i was swimming out in the ocean and left my pager on shore for more than an hour, it would be violating my role.

    Scenario 2: No restriction, must wear pager. Could i go swimming at all?

    6. provisions of any employment agreement as to treatment of on-call work;

    Scenario 1: No clue.

    Scenario 2: No clue.

    7. length of time employee is on call (i.e. periodic duty versus continued on-call status);

    Scenario 1: Periodic however scheduled.

    Scenario 2: While on "duty" someone decided we're also on call for work related assignments as well. So ~1 week a month, however we've got conflicting information we're essentially required permanently to carry and respond to pages.

    8. degree to which employees can trade on-call responsibilities; and

    Scenario 1: can trade, but not guaranteed. Cumbersome process.
    Scenario 2: When they call you, they want you and not someone else.

    9. whether the nature of the work precludes the employee from engaging in certain activities, such as drinking alcohol, while on call.

    Scenario 1: Restricted greatly. Distance, alcholol.
    Scenario 2: One can be drunk over the phone, but not come on site.

    Summary:

    I'm wondering if my hiring contract does not specify I'm required to perform duties both in scenario 1 an 2, if i'm required to actually perform them. Or if i do perform them and overtime is available if i complain, if my employer is required to compensate me for time. I.E. maybe it's minimum wage, but required by law.

    this last paragraph was edited, it didn't make sense.

    If this is "just the way it is" I'll probably be interested in looking for another job. It's a bit beyond what I seemed to be agreeing to and additional "expectations" get tossed on. If i'm required, so be it but at least i know i'm not getting outright screwed over.
  • 07-25-2009, 07:02 AM
    jk
    Re: Exempt Employee - on Call / Fema / Nuclear Duties
    Quote:

    Quoting ilovechicken
    View Post

    Summary:

    I'm wondering if my hiring contract does not specify I'm required to perform duties both in scenario 1 an 2, if i'm required to actually perform them. Or if i do perform them and overtime is available if i complain, if my employer is required to compensate me for time. I.E. maybe it's minimum wage, but required by law.

    If this is "just the way it is" I'll probably be interested in looking for another job, but at least know I'm not getting screwed out of personal time.

    if you have an actual contract, then you and the company are bound by the contract. Without an actual contract, you are at the mercy of the company.

    I have not checked to see if you are even eligible for overtime. You need to research the DOL for that. There are exemptions and without knowing your actual job duties, it is impossible to determine. You sound as if you may fit within one of the exemptions.

    If you are eligible for overtime, you need to determine if you are speaking of time that is considered; "waiting to be engaged" or "engaged to wait". One is compensable, the other not. Again, the DOL is the place you want to look.
  • 07-25-2009, 07:15 AM
    cbg
    Re: Exempt Employee - on Call / Fema / Nuclear Duties
    All I can tell you is that if you are correctly classified as exempt, and I cannot say that you are or aren't with the information available, there are no circumstances whatsoever under which you are entitled to a single penny of overtime no matter how many or how few hours you work, or are on call. That is exactly what exempt means - that you are exempt from overtime.

    The above presumes that you do not have a legally binding contract that expressly says otherwise.
  • 07-25-2009, 07:21 AM
    ilovechicken
    Re: Exempt Employee - on Call / Fema / Nuclear Duties
    In response, there are company policies and procedures which dictate when exempt employees are allowed overtime. I.E. emergent activies which bring the plant off the grid are covered without a doubt. But then many times we're screwed because the plant is still running but we're there to support not shutting down due to licensing requirements.

    I'm most concerned with my employer telling me I have to do something while i'm not under the roof so to speak. When i've already put in my required number of hours elsewhere.

    I.E. If i've already put in 40 hours. I shouldn't be scheduled to do something which is required above and beyond that week. Or at least I should have the right to choose. It's presented as required.
  • 07-25-2009, 07:34 AM
    jk
    Re: Exempt Employee - on Call / Fema / Nuclear Duties
    very simply put:

    if you are exempt from overtime, your employer is as close to God on Earth as you will get. They can control your life so completely that your wife would be jealous and it is legal.

    You do not have any "me time" unless they allow it. You are subject to their beck and call at their desire.

    If you are legally exempt, either suck it up as part of the job or find a new one.
  • 07-25-2009, 07:45 AM
    ilovechicken
    Re: Exempt Employee - on Call / Fema / Nuclear Duties
    Quote:

    Quoting jk
    View Post
    very simply put:

    if you are exempt from overtime, your employer is as close to God on Earth as you will get. They can control your life so completely that your wife would be jealous and it is legal.

    You do not have any "me time" unless they allow it. You are subject to their beck and call at their desire.

    If you are legally exempt, either suck it up as part of the job or find a new one.

    Is an employer required to put in writing your roles and responsiblities? I.E. I was told I'd be hired to ____.

    They now say i'm required to _____ which was not in the agreement.

    Upon employment, i agreed to do certain things. I.E. I applied for a job to be an engineer and do certain engineering roles. These additional roles simply aren't agreed to.

    Is there any laws protecting exempt employees from say required to work 48 hours straight without sleep? (exaggeration)

    If i have a scheduled day off i.e. after working a 60 hour work week, can an employer just say "oh yea... come in tomorrow on saturday".

    Don't get me wrong, I work plenty of hours above and beyond. I'm really more in disagreement about being on call when there probably isn't anything other than unwritten expectations saying I need to be on call.
  • 07-25-2009, 08:18 AM
    jk
    Re: Exempt Employee - on Call / Fema / Nuclear Duties
    Quote:

    ilovechicken;336435]Is an employer required to put in writing your roles and responsiblities? I.E. I was told I'd be hired to ____.
    no

    Quote:

    They now say i'm required to _____ which was not in the agreement.
    agreement or contract. If contract, pull it out and show them where you are not required to do whatever. If an agreement, they changed it. Accept it or move on

    Quote:

    Upon employment, i agreed to do certain things. I.E. I applied for a job to be an engineer and do certain engineering roles. These additional roles simply aren't agreed to.
    unless you have a contract controlling the relationship, the employer can alter your job duties and requirements at any time.

    Quote:

    Is there any laws protecting exempt employees from say required to work 48 hours straight without sleep? (exaggeration)
    Not per fed law for most jobs

    . some states; yes, some states; no.

    Per specific job; there are some rules. Train engineers are only allowed to work so many hours. Truck drivers can only drive so many hours within a certain time period. I would imagine there are some restrictions on workers in a nuke facility. Those should be available from the NRC.

    Quote:

    If i have a scheduled day off i.e. after working a 60 hour work week, can an employer just say "oh yea... come in tomorrow on saturday"
    generally, yes.

    Quote:

    Don't get me wrong, I work plenty of hours above and beyond. I'm really more in disagreement about being on call when there probably isn't anything other than unwritten expectations saying I need to be on call.
    then, unless you have an actual contract limiting such on call status, either suck it up or move on. The fact there are not written rules makes it even easier for the employer to simply change them whenever they want.
  • 07-25-2009, 08:29 AM
    ilovechicken
    Re: Exempt Employee - on Call / Fema / Nuclear Duties
    Quote:

    Per specific job; there are some rules. Train engineers are only allowed to work so many hours. Truck drivers can only drive so many hours within a certain time period. I would imagine there are some restrictions on workers in a nuke facility. Those should be available from the NRC.
    Craft personnel and operations have restricted hours. I hear engineers might if they're working on safety related systems however that is even vague.

    It kind of sounds like I'm screwed either way. I should probably apply for a technician or operations position to avoid this mess.
  • 07-25-2009, 10:40 AM
    cbg
    Re: Exempt Employee's On Call, FEMA and Nuclear Duties
    I cannot answer for your company policies. I can tell you about the law.

    Under the law, there are no circumstances whatsoever under which an exempt employee is entitled to overtime.

    If you want to know whether the company policy is legally binding and contractual in any given situation, you will have to show the policy to an attorney in your state.

    There are no Federal laws and no laws in 48 states, including Illinois, limiting how much time an employee, exempt or non-exempt, can be required to work. Some industry specific exceptions apply.
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