I worked on-call since Jan 2006; employer have inconsistencies on the on-call rate; my on-call wages fluctuated 4x last year. The formula#1 below is the Human Resources Manager's understanding of the on-call rule & #2 is our Director of Nursing. I just noticed the difference in my timesheet this year & I raised this issue w/ the DON (HR Mgr quit) DON clarified this through a handwritten memo signed by both of us dated 1/31/07 using the #2 formula. 2mos. later another memo was issued effective immediately using the #1 formula. Is it legal to change the rate every so often to their benefit? Please let me know. I would like to recover (if possible) the money that I am entitled to get.
Thank you.

Regular rate: $11.00/hr
On-Call rate: $5.00/hr

Formula #1 Formula #2
Actual work 4h $11x4=$44 $11x4=$44
On-call hours 4h $ 5x4=$20 $ 5x8=$40

Formula #1: Scheduled on-call for 8 hours. Actual work is 4 hrs & 4 hrs on-call. Paid $11x4=$44 PLUS 4 hours stand-by time $5x4=$20 - TOTAL $64.00
Formula #2: On call for 8 hours. Actual work 4 hrs & 4 hrs on call. Paid $11x4=$44 PLUS FULL 8 hours actual on-call schedule of $5x8=$40 TOTAL $84.00

I hope I made a clear explanation on the issue at hand. Look forward to hearing from you. Thanks.

Laws don't really address how much employees need to be paid while on call and don't require that they be compensated at all if their activities are not severely restricted.

Your questions are solely a matter of company policy.

tagordaa: I worked on-call since Jan 2006... My employer hase inconsistencies on the on-call rate; my on-call wages fluctuated 4x last year..... The formula#1 below is the Human Resources Manager's understanding of the on-call rule & #2 is our Director of Nursing.....

Your on-call, hourly rate of pay is $5.00/hour yet the minimum wage rate in California is currently $7.50/hour. Why is that? Ignoring this potential problem, there is nothing in the law that requires your employer to pay you the $5.00, hourly, on-call rate on top of the $11.00 hourly rate the hospital pays you for your regular work.

Your on-call, hourly rate of pay is $5.00/hour yet the minimum wage rate in California is currently $7.50/hour. Why is that? Ignoring this potential problem, there is nothing in the law that requires your employer to pay you the $5.00, hourly, on-call rate on top of the $11.00 hourly rate the hospital pays you for your regular work.

I can see why they wouldn't want to pay you for being on-call when you are already being paid to work. Unless they said you would get $16 an hour to work, that wouldn't be an issue.

Most people I know don't get paid for being on-call, it's just expected of them.

If you are allowed to go to the movies, a wedding, play golf while on-call, I would think that being paid for it isn't required. Although CA has surprised me on what they require in the past, so they may actually have laws governing on-call time.

demartian: Most people I know don't get paid for being on-call, it's just expected of them. I would think that being paid for it isn't required. Although CA has surprised me on what they require....

There is a substantial difference in how "hours worked" are defined for federal and California purposes. Under Calfifornia law, it is only necessary for an employee to be "subject to the control" of his/her employer in order to be entitled to compensation.

The old age "don't be penny wise and dollar foolish" comes to mind here. If an employer is going to pay an employee for being on-call, pay him/her at the minimum wage rate vs. a buck or two less. When the lawsuit comes (as it inevetably does when dealing with on-call pay), the employer can escape the entire, nebulous debate of whether the employee was "waiting to be engaged" or "being engaged to wait." It is highly fact dependent, and there is almost never any clear answer.