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Radiology Technologist not paid standby or call back Washington

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  • Radiology Technologist not paid standby or call back Washington

    My wife is a radiology technologist at a rural hospital. She has been given the "manager" title although her only managerial duty is to make the schedule. She is a working technologist (99+% of her duties) who is required to take call. Under Washington law, I cannot find any information on whether she is entitled to standby and call back pay. PLEASE HELP

  • #2
    In any state, whether any employee is entitled to stand-by pay depends on the terms of the call. NO state automatically requires it; it depends on how long she has to respond and how limited her activities are.
    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.


    • #3
      she has to be within 20 minutes of the hospital at all times.


      • #4
        20 minutes is a nice short time. Not a sure thing, but there are indeed court decisions that think 20 minutes is short enough to trigger the rules spelled out in the regulation. The problems are:
        - There are also court decisions that say 20 minutes is not short enough to trigger the 785.17 rules. Some of these decisions were made by the same courts that also ruled 20 minutes was "short enough". These courts seem to feel that minutes are important but not everything.
        - Most of the major court decisions regarding "on call" say that there is no "bright line test" where you can do something as easy as saying "xx" minutes is paid, "yy" minutes are not paid. Instead courts tends to say that all factors must be looked at.
        - Worst, different courts have come up with different sets of factors that need to be looked. Some jurisitictions are apparently more pro-employee then others on this subject.

        You can try filing a wage claim with WA's DOL (or whatever they call it). While each state in theory can have different rules, WA knows what they think their rules are. It works or it does not.

        Alternatively you could hire a very expensive major law firm to research all court and administrative decisions for your state and court juristictions. I have the ABA's book on FLSA that covers this subject and the ABA book is very clear that this is not a simple yes/no matter. They instead discusses maybe 12 cases in detail, half pro-employee, half pro-employer, with the expectation that the reader of the book will pick out those arguments that support their opinion.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)