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  1. #1
    Join Date
    Apr 2011
    Posts
    2

    Default On Call Compensation and Overtime

    My question involves employment and labor law for the state of: Pennsylvania

    I am a service coordinator for a non-profit in the human services field. I work a 37.5 hour week and I am considered salaried, and exempt.

    The service coordinators are required to rotate being on call during all non-business hours for a week at a time (evenings, weekends, holidays, etc.). When we are on call, we need to deal with any client related call that comes in, and often times that requires finding direct care coverage for call offs from attendants. If there isn’t an attendant available to cover the call off, we must go in to the client’s home and provide that direct care coverage.

    Other than our regular salary, we are not compensated for being on call, and are not paid for any hours that we have to work when we are on call. Is it legal for my employer to not compensate us for being on call, and not paying us if we have to provide direct care coverage?

    Thank you

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: On Call Compensation and Overtime

    If you are truly exempt, you are never legally entitled to any compensation over and above your regular slary, no matter how many hours you work.

    Is the employer using the Administrative classification to classify you as exempt?
    http://www.dol.gov/whd/regs/complian...nistrative.pdf

  3. #3
    Join Date
    Apr 2011
    Posts
    2

    Default Re: On Call Compensation and Overtime

    Yes, I believe my employer is using the Administrative classification to classify my position as exempt. All three areas seem to apply. However, if we are called out to work when we are on call, we are doing manual labor, hands on personal care with the customer/consumer (like bathing, dressing, preparing meals for them, etc). Does this make any difference since the work performed is totally different than our typical job duties? Thank you.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: On Call Compensation and Overtime

    No, not if your primary duties still qualify you as exempt.

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