Results 1 to 4 of 4
  1. #1
    Join Date
    Feb 2010
    Location
    Pennsylvania
    Posts
    2

    Default Hourly, Perpetual On-Call

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

    I am an hourly, service technician for a large, national company. We work mandatory on-call, 24/7/365. The only days not on-call are 14 vacation days, but always on-call on weekends & holidays. We have 15 minutes to respond via cell phone, and 6 hrs to problem resolution. This is a written, enforced policy. We are compensated for those hours actually spent at the customer's site. Pay range is $14 to $21.00 / hr with OT after 40 hrs. We are called out 2 - 15 times per year, but must be available to travel within one hour (or have a good reason) of paging. What say you? Does the labor law address unpaid, perpetual standby? Sporting events, movies, or any activity which hinders cell-phone response is potentially job endangering unless prior arrangements with local management are made; everything must be planned in advance.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Hourly , Perpetual On-Call

    You can read about on-call time here.

    If you're only being called out a few times a year, it seems doubtful that you would qualify for paid stand-by time. I've seen instances where the on-call associate has had multiple calls per day, and still not have qualified for stand-by pay.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Hourly , Perpetual On-Call

    here is an excerpt from an opinion letter issued by the DOL:

    http://www.dol.gov/whd/opinion/FLSAN..._14NA_FLSA.htm


    As noted above, the number of calls received while on call is a relevant factor in determining whether the on-call period is compensable under the FLSA. In Bright, for example, a hospital required its on-call biomedical equipment repair technician to be reachable by beeper, remain sober, and arrive at the hospital within approximately 20 minutes after being called. The technician received calls while on call an average of 4-5 times per week. The Fifth Circuit concluded that the employee was able to use the on-call time “effectively for his own personal purposes” and, as such, the time spent on call was not compensable. Id. at 677-78. On the other hand, in Renfro the Eleventh Circuit concluded that on-call time was compensable for firefighters who were required to wear pagers and respond to callbacks within 20 minutes, and received an average of three to five calls, and as many as 13 calls, in a 24-hour on-call period.
    As you can see, an employee that was called out 4-5 times per week did not qualify for compensable time and they had to be at their work station within 20 minutes. So, from the minimum of call outs you state as typical, I would not believe the on-call time would be compensable.

  4. #4
    Join Date
    Feb 2010
    Location
    Pennsylvania
    Posts
    2

    Default Re: Hourly , Perpetual On-Call

    Thanks for the reply. I had thought that the 'perpetual,' permanent nature, where every night/weekend/holiday of every year is on-call, with no exceptions, might be a factor. An on-call rotation does allow unfettered, personal activities when not on-call, but this system does not.

    1. Sponsored Links
       

Similar Threads

  1. Compensation and Overtime: Salaried and On-Call, No Overtime and No On-Call Pay
    By mnhim in forum Employment and Labor
    Replies: 8
    Last Post: 09-15-2010, 10:07 AM
  2. Compensation and Overtime: On Call Pay for an Hourly Worker in Illinois
    By Guzz64 in forum Employment and Labor
    Replies: 3
    Last Post: 12-03-2009, 06:53 AM
  3. Compensation and Overtime: Hourly, then put on Salary (Exempt), then Hourly Again - Is This Legal
    By azsympitch in forum Employment and Labor
    Replies: 6
    Last Post: 09-07-2009, 09:24 AM
  4. Non-Exclusive Perpetual Easement
    By kp_2005 in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 08-09-2009, 11:35 AM
  5. Rental Agreements: Perpetual Lease
    By universalfool in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 07-20-2008, 12:49 PM
 
 
Sponsored Links

Legal Help, Information and Resources