jennhooks
07-22-2005, 08:18 AM
I am a supervisor of emergency Dept registration. In my job description it says that I am to be on call to ensure staffing and handle problems. I am on call after I leave during the weekdays and on 2 or 3 weekends a month. The employees that take call for me on the few weekends a month get call pay. I have not been able to get paid for the time I am on call for the Emergnecy Dept. Is this right? I am an hourly worker not salary and the hospital has policies for call pay and for premiun pay. I am not classified as an exempt employee that is not eligable for the pay. I am required to call a pager and be where I can get back to work in a reasonable amount of time I have been told that I need to be able to be here in 45 mins if called or the need arises for me to return.
In any state, whether or not you have to be paid for being on call depends on how limited your activities are. Someone who could not leave the house and is tied to the phone would probably have to be paid for on call time; someone who could go about their normal activities with a cell phone or pager and could respond within a reasonable time probably would not.
In my opinion, carrying a pager and having 45 minutes to respond would fall in the second category and you would only have to paid if you were called in, not for any on-call time when you were on your own. But you can certainly call the state DOL and ask if they agree.
jennhooks
07-22-2005, 09:28 AM
remember they pay the other employees that take call when I am not on call. Doesn't that make a difference. THey use a pager and are only restricted to the 45 mins also.
This is the first you've mentioned that other employees are paid for the time.
Are the other employees also supervisors?
jennhooks
07-25-2005, 01:16 PM
The others that do call in my dept are not supervisors. I am an hourly supervisor. The other employees are allowed to take call for me 2 or 3 weekends a month and they get the call pay.
Assuming that the circumstances do not require you to be paid on-call pay anyway, which as I've said in my opinion they do not, if they are paying the others on-call pay but not you because you are a supervisor and they are not, that's legal. I'm not saying it's fair or that I agree with their paying some and not others; I'm saying it's legal.
