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On call question Oklahoma

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  • On call question Oklahoma

    Hello,
    I am required to be "on-call" every other weekend for my employer. The only problem I have is that my family and I go to our lake house regularly but I was told I could not on my "on-call" weekends because it is 2 hours away. Can they tell me how far away I can be even if they know where I will be? And if they can should I be compensated?
    Thanks

  • #2
    They can't tell you how far you can go, but the CAN tell you how soon after you're contacted you need to be at the worksite. That requirement alone does not make the on-call time compensable. How long after you are called DO you have to show up at the worksite?

    Guess you could go to your vacation home on the off weeks.
    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
      Pattymd

      Thank you for the speedy reply! I dont know that they have told me a specific amount of time from when I am contacted. My boss just told me 2 hours away was too much time.

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      • #4
        For federal rules only, there are several DOL regulations affecting on-call. One affects hours worked, and the other affect regular-rate-of-pay. State law can be more restrictive then federal law.

        The problem is that these are not exactly new regulations. Most of the rule date to the 1940s. There are a bunch of court decisions and DOL opinion letters on this subject and there is no "bright line" test. Basically all factors need to be looked at and a decision on whether the employee is being "seriously curtailed" is made. There are court decision on either side of this particular issue, so it is not difficult for either the employee or the employer to find court cases that support their particular viewpoint.

        You could try filing a wage claim with your state DOL. That would functionally force the state to look at your particular set of factors.

        - 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)
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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