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  1. #1
    Join Date
    Aug 2012
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    5

    Default 24 Hour On-Call - What Compensation Do I Get

    I currently am in a salary position that puts me in a 24/7 on-call rotation which i am still required to work my standard work week M-F 8:30 to 5. This on-call position is computer hardware support for 500+ business customers in the state of Pennsylvania. After looking into some things on my end, the computer employee exemption is not in effect in the state of Pennsylvania. Should i be getting OT compensation for the time i am on-call?

    To give some more detail in the amount of work performed while on-call... the rotation schedule is shared between 4 employees, starts Friday at start of business 8:30AM and ends the next Friday at start of business 8:30AM. The frequency of calls is high, 20+ on the weekends, average 2-4 on week nights. Some calls can be handled over the phone but many contract calls and non-contract calls require on-site visits after hours. I've have had weekends where i have put in 18+ hours of work....

    The Employer compensation for the past 10+ years has been an extra 100.00 a week added to the salary for the on-call employee for that week... no matter how may extra hours a week you are required to work (this is in the employee handbook) because of the amount of calls. I believe this was even brought up in the past to my boss by another on-call employee and was just blown off. Any recommendations?

  2. #2
    Join Date
    Jul 2012
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    479

    Default Re: 24 Hour On-Call - What Compensation Do I Get

    "Should i be getting OT compensation for the time i am on-call?"

    You mean, even when you're not actually fielding/processing calls? (It sounds as if you've determined for what you do that you're not exempt and should be entitled to overtime generally.) Ultimately, that's a question for the PA DOL to consider.

  3. #3
    Join Date
    Aug 2012
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    5

    Default Re: 24 Hour On-Call - What Compensation Do I Get

    Currently we do not receive overtime for the time we are on site, fielding calls, nor simply sitting and waiting for calls. With the amount of calls, i would think some compensation for being available 24 hours, there would be some additional overtime compensation. Is this a common complication? Are you aware of any other instances in PA with my situation? I appreciate any knowledge you have on the subject.

  4. #4
    Join Date
    Jul 2012
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    100

    Default Re: 24 Hour On-Call - What Compensation Do I Get

    An employee is entitled to at least minimum wage and overtime pay at time and a half for all hours worked over 40 hours per week. However, the federal Fair Labor Standards Act (FLSA) and Pennsylvania’s Minimum Wage Act do not require overtime pay for “any employee engaged in a bona-fide executive, administrative, or professional capacity” who is paid on a salaried basis instead of an hourly wage. (29 U.S.C. § 213a(1), 43 P.S. § 333.105a(5))
    That's taken from the PA Department of Labor & Industry website. Are you considered to be an executive, or in an otherwise administrative or professional position? If so, it sounds to me like they aren't required to pay you overtime. The only exception to that would be this:

    Also, the Federal rules increase the minimum threshold’s required salary to $455 per week, or $23,660 annually. An executive, administrative, or professional employee must make this amount, at least, or overtime is required. Pennsylvania still maintains its test to determine whether the exemption applies to employees making a weekly salary over $155.00. However, an employer would violate Federal rules if the employer did not pay overtime to an employee making below $455 per week or $23,600 annually.
    However, like the poster above mentioned, you could always check with your local Department of Labor. =)

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,219

    Default Re: 24 Hour On-Call - What Compensation Do I Get

    The question here is whether or not you are exempt under the FLSA and any PA regulations, if different. Not all exempt employees are salaried; not all salaried employees are exempt. We do not have enough information here to judge.

    If you are salaried exempt, then you are not entitled by law to any overtime whatsoever, even if you work 168 hours per week and the employer is paying you more than he needs to by giving you the extra $100.

    If you are non-exempt, then you need to be paid time and a half for any hours over 40 that you WORK. This does not include time that you may be on-call, but you are not on A call. You don't get paid for on-call time when you are not actually working unless your time is "unduly restricted" by your state's definition.

  6. #6
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    Aug 2012
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    5

    Default Re: 24 Hour On-Call - What Compensation Do I Get

    I guess at this point it is a matter of finding out if i am exempt or non-exempt.

    Administrative - Defiantly Not
    Executive - Defiantly Not

    I am currently looking over the Fact Sheet #17D: Exemption for Professional Employees Under the Fair Labor Standards Act (FLSA)

    The professional employee is required advanced knowledge in science or learning..... artists, teachers, scientists, and besides, a few of the guys that work here and are on call barely graduated high school which right there shoots that one down. it states that advanced knowledge cannot be attained at the high school level. I Myself am the only employee that has a 4 year degree, but with the requirements to be considered a professional employee, i would think that this would qualify as a computer employee before something requiring advanced knowledge.

    The only thing that i find that makes it seem like i am non-exempt is on the pa dol website they specifically state that "computer employees" are non-exempt.

    For example, the Federal rules do not require overtime for computer employees. However, Pennsylvania law currently requires overtime for computer employees. accordingly, overtime must be paid to computer employees if there are no other Pennsylvania laws excluding these employees from overtime.
    http://www.portal.state.pa.us/portal...ylvania/553571

  7. #7
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    Massachusetts
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    Default Re: 24 Hour On-Call - What Compensation Do I Get

    You'll need to take that up with the PA DOL. It's not our call to make.

  8. #8
    Join Date
    Dec 2009
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    Lake Chapala
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    Default Re: 24 Hour On-Call - What Compensation Do I Get

    Quote Quoting fedup222
    View Post
    Administrative - Defiantly Not Executive - Defiantly Not
    What do you mean here by "defiantly" - are you voicing your objections to the existence of these categories in some kind of roundabout obscure way? Why?

  9. #9
    Join Date
    Aug 2012
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    5

    Default Re: 24 Hour On-Call - What Compensation Do I Get

    Quote Quoting eerelations
    View Post
    What do you mean here by "defiantly" - are you voicing your objections to the existence of these categories in some kind of roundabout obscure way? Why?
    Just placing a little additional emphasis on my opinion that my position is neither an administrative or executive... nothing more nothing less.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: 24 Hour On-Call - What Compensation Do I Get

    I think perhaps eerelations is addressing the difference between defiantly and definitely, which are two different words with two different meanings. I believe the word you intended was definitely, meaning absolutely; instead you used defiantly, meaning rebelliously or challengingly.

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