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On call without compensation Ohio

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  • On call without compensation Ohio

    I am required by my employer to be on call for 7 days every fourth week. When on call I have a company phone and company pager. I am required to answer phone calls and pages 24/7 from tenants. My company manages thousands of rentals. I am not paid for this time and I want to know if my employer can legally require me to do this without compensation. I have spent hours on the phone answering wrong numbers, misguided phone calls and numerous other issues. Time spent on the phone is not compensated. There are often times that I will spend hours arranging for HVAC techs, plumbers or electricians or other outside contractors to respond. I get no pay for being an answering service. I have interests outside work that require me to travel on weekends. Can I be forced to stay in my area without compensation?

  • #2
    If you are a salaried exempt employee, then your salary covers all the time that you work and there are no circumstances whatsoever under which the law requires that you be paid a single penny over and above that, even if you work 168 hours a week.

    If you are a non-exempt employee, then you must be paid for any time you spend WORKING. You do NOT need to be paid for any time when you are carrying the pager but are not actively involved in working for your employer. The only exception would be if you are "unduly restricted" as your state defines it. I am not aware of any state where not being able to leave the immediate area is considered "unduly restricted" but you are free to inquire of your state DOL.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      This is what Ohio notes re on-call time:

      Ohio's DOL (Ohio's Department of Commerce and Bureau of Labor and Worker Safety) regulates labor laws for its employers and employees. Ohio, however, does not have a specific on-call compensation law, and Ohio employers must follow federal laws to determine whether an employer must compensate employees for their on-call time. Employers must compensate employees for on-call time if the employer significantly restricts the employee's personal freedoms.

      You can contact the Ohio DOL & see if they will give you any general information. Generally though, significantly restricted is whatever the court in the area says it is.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Das ist in der Doktor!

        Originally posted by Grizinohio View Post
        I am required by my employer to be on call for 7 days every fourth week. When on call I have a company phone and company pager. I am required to answer phone calls and pages 24/7 from tenants. My company manages thousands of rentals. I am not paid for this time and I want to know if my employer can legally require me to do this without compensation. I have spent hours on the phone answering wrong numbers, misguided phone calls and numerous other issues. Time spent on the phone is not compensated. There are often times that I will spend hours arranging for HVAC techs, plumbers or electricians or other outside contractors to respond. I get no pay for being an answering service. I have interests outside work that require me to travel on weekends. Can I be forced to stay in my area without compensation?
        It would be nice if you were to be compensated for the inconvenience of being on call but seeming how you are not, I, IMO, think you should be paid for actual time spent on the phone making the necessary arrangements to get plumbers, electricians, etc. to do whatever it is they have to do.
        You might keep tract of the time and submit it, after all, it IS time spent for the benefit of your employer. I don't think it will amount to much, but you can try, just don't push your luck by including the time you spend waiting for THEM to get back to you.

        .._____________________________
        ~ Life's tough, pilgrim,
        and it's even tougher if you're stupid. ~ John Wayne
        Last edited by drruthless; 01-13-2013, 04:58 PM.

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        • #5
          As cbg said, OP does have to be paid for all time working.

          We were then talking about not having to be paid just for carrying a pager unless OP is significantly restricted re personal activities.

          The info applies to a non-exempt employee.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment

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