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On-call Pay Connecticut

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  • On-call Pay Connecticut

    I'm new here and was wondering if someone could answer the following:
    I work for a call center and the on-call policy has changed to the following:

    1. Hours 8pm-6:30am. Starts monday night-the next monday morning
    2. 5 hours of premium pay added to pay. (rate + $7.5/hr)
    3. You must check the queue every 2 hours max Even overnight.
    4. You must work your normal shift during the day
    5. You cannot punch in while checking the queue, only to do actually work.
    6. must carry a company phone and respond to automated calls and customers within 2 hours.

    Can they really make me work 1 week straight?
    Isnt there something i can do because only taking 2 hour naps for 1 week is going to impact my health.
    Since I have to respond to customer and be never a internet conection where I can talk to customer and perform my job, shouldnt they be paying for my entire time on-call?

    thanks in advance.

  • #2
    Assuming you are hourly non-exempt, with limited exceptions (long-haul trucker, airline pilot, minor child) there are no restrictions on the amount of hours an employer can or cannot make an employee work. Working 24 hours a day, 7 days a week, in most states, is perfectly legal. Not smart, not fair, but legal.

    However, also assuming you are hourly non-exempt, you must be paid for all time worked, and overtime for all time worked over 40hrs/week. On-call time is not generally time worked, until you actually answer the phone or do other work under your employer's direction. This includes time you do not punch in or out, but do work.

    So, the entire 8 pm to 6:30 a.m. does not need to be paid unless you are actually working that whole time. The amount of time it takes you to check the queue would be time worked, and the time spent on the phone would too.

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    • #3
      Would this apply:
      An employer must pay employees for time spent on call at a designated location, whether or not the employee is actually called upon to work
      Conn. Agencies Regs. § 31-60-11(b).

      They also stated that if you missed the 2 hour SLA then the 5 hours of pay would be revoked.
      Last edited by Nomac; 10-06-2011, 02:57 PM.

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      • #4
        Are you required to be at a designated location for this time 8-6:30? Or are you simply required to respond within 2 hours?

        And where are you getting this quote?

        Comment


        • #5
          Sec. 31-60-11. Hours worked. Ct.

          (a) For the purpose of this regulation, "hours worked" include all time during which an employee is required by the employer to be on the employer’s premises or to be on duty, or to be at the prescribed work place, and all time during which an employee is employed or permitted to work, whether or not required to do so, provided time allowed for meals shall be excluded unless the employee is required or permitted to work. Such time includes, but shall not be limited to, the time when an employee is required to wait on the premises while no work is provided by the employer. Working time in every instance shall be computed to the nearest unit of 15 minutes.

          (b) All time during which an employee is required to be on call for emergency service at a location designated by the employer shall be considered to be working time and shall be paid for as such, whether or not the employee is actually called upon to work.

          (c) When an employee is subject to call for emergency service but is not required to be at a location designated by the employer but is simply required to keep the employer informed as to the location at which he may be contacted, or when an employee is not specifically required by his employer to be subject to call but is contacted by his employer or on the employer’s authorization directly or indirectly and assigned to duty, working time shall begin when the employee is notified of his assignment and shall end when the employee has completed his assignment.
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