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  • Another on-call question

    I am on call every weekend (Saturday and Sunday). My company pays me x dollars per shift to be on call which is nice. If i work a full week (starts Friday) I get paid overtime for my "on call" pay. However, if I need to take time off (say 4 hours), they tell me that I can't use my "on call" time to cover the 4 hours. I am able to use hours that I show up to work while on call though. My question is, can they change what they are calling hours worked as the situation fits them? Also, sometimes the call me on my company provided phone and I can get them through a problem, or show them that there isn't really a problem. Sometimes this is during daylight hours and sometimes it is in the wee hours (2-6am). Do they have to pay me for the time on the phone? or can they just strap that into the "well thats what you are being compensated for with your on call pay"?

  • #2
    Assuming you are a nonexempt employee? Makes a difference.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Correct, Non-exempt hourly associate.

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      • #4
        The pay you are getting for being "on call" is not hours worked. Only hours actually "worked", which includes solving problems, etc. on the phone. How much are they paying you for being "on call"? And if you ARE called and must go in or solve the problem over the phone, are you getting additional pay for that?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          They say they can't pay us a flat rate for the on call, so we had an agreement that we would get 1 hr of pay per 8hr shift we cover. They put us in for 8hs, covering Fri 4pm-Mon 8am. We are supposed to be on the job site within 1 hr of being called. Therefor for each call, they pay us the 1hr (drive time there) actual time worked and 1hr (drive back). For phone calls at home they pay min 15 min. Since our pay period starts on Friday all of our calls come at the beginning of the week (Fri-Sun) and it is put in as regular time. If I continue to work a regular 8 hr day Mon-Thu I start clocking OT on Thurdsay morning (assuming I had 0 call ins). The situation is that if everything works as a normal week I get 8 hrs OT. However if i have to take a day off unexpectadly (8rs say on Wed), they still charge me 8 hour vacation. So I end up with 48 hrs pay. The question is can they take my vacation even if i put in 40 hours? What they are trying to say is that the 8 hours they are paying me is compensation pay and cannot be used as a regular work hours should I have to take off early later in the week.

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          • #6
            That sounds like a pretty reasonable on-call plan and, to be frank, is much better than a lot of seen and is more than the law requires.

            Regarding your vacation, yes, there is no law prohibiting the employer from charging you with a day of vacation when you are absent, regardless of how much you work during the rest of the workweek.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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