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    I am currently a Non-exempt employee and my current employer pays me 1 hour per weekday and 2 hours per weekend day and holiday to be on call and carry a cell phone. I am paid for time work if I only answer the cal, however if I have to return to work I am paid from the time called until I return back to where I was when called out. I am on a 8 week rotation for on call. This is fair pay for on call and as pointed above what is required by law. My question is the rumor is move reclassify employees to exempt so there will be basically a reduction in pay. So would there be any way an employee could file this on their taxes as un reimbursed employee expense? I know if you donate hours to a charity supported by your company you can deduct that, just a thought.

  • #2
    It would have been better if you had started your own thread, Tulsaman, since your question is really not related to the OP's question, which was two years ago.
    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
      It's in its own thread now.
      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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      • #4
        Salaried hours worked >40 as unreimbursed employee expense on taxes

        Understand the comment about a new threat, but realignment to a new thread would have even been better if it actually had a title that related to a question as well. So I will repost with a title, how's that.
        Title
        Salaried hours worked >40 as unreimbursed employee expense on taxes

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        • #5
          I am not here to come up with good titles for your threads. If you want a title that matches your question, it's up to you to give it one. In your own thread, not someone else's.

          When you hijack someone else's thread and I have to move it, you get the title I give it.
          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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          • #6
            So sorry

            did not intend to hijack as you so nicely put it and all your other statements. I was simply posting a question I though was related to the question in that thread. Did not mean to be a terrorist to the column! I guess tack is not a reguirement for moderator?

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            • #7
              "Hijack" is a very commonly used term on the internet to describe the action you took. You would have gotten pretty much the same response on any other internet based message board.

              I know if you donate hours to a charity supported by your company you can deduct that, just a thought.
              You might want to recheck that, because I am pretty sure that it is not true. Do you have any support for this?

              Past that, the on-call rules are pretty straighforward.
              - 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)

              You are correct that the on call rules affect Non-Exemt employees only, and that if an employee can be legally treated as Exempt, then there is no extra pay legally due for on-call. Of course, most employers who can legally treat an employee as Exempt are already doing so. Anytime a reclassification occurs, it is worth the employee's while to recheck the legality of the reclassification. On-call is pretty small beer in the over all process, but paid overtime is not.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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