I do apt maintenance and there is myself and another maintenance man...We go on call on friday morning till the following friday morning,we have to carry a pager,and are not allowed to be more then 15minutes away from the property,we are also requierd tolive on site,so for that week,we are pretty much stuck on the property.

This is very hard on the family,that we have to be available 24/7 and we onlt get paid if we get paiged.

We get paid when we work during the day8-5 but after 5pm we are glued to this pager,with restrictions..I have been told by a few people that we are actuall supposed to be paid for all the hours we are on call,is this true? or just when we get paged?

I have been told by a few people that we are actuall supposed to be paid for all the hours we are on call,is this true? or just when we get paged?

Probably not true. For federal rules only, there are several DOL regulations affecting on-call. One affects hours worked, and the other affect regular-rate-of-pay. State law can be more restrictive then federal law.

- Employees who must be on-call on the employer's premises or close enough to seriously curtail their use of the time for their own purposes must be paid for the time spent on-call. But employees who merely have to leave word where they can be reached are not working while on call. (29 CFR 785.17).
- Employees must be paid for unproductive time if that time is spent for the employer's benefit (29 CFR 785.7).
- If an employee has been called back to work, you must also pay for his travel time because his time is no longer under his own control once he receives the call back to work. If he works from home, only the time actually spent working has to be paid for. (29 CFR 785.33-785.41).
- The regular hourly rate of pay of an employee is determined by dividing his total remuneration for employment . . . in any workweek by the total number of hours actually worked by him in that workweek for which such compensation was paid. On call pay causes the regular rate of pay to change. (29 CFR 778.109)