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Compensation for on-call hours Tennessee

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  • Compensation for on-call hours Tennessee

    I am a part-time, hourly worker. I work a regular shift, for example 8am-5pm, then I am on-call until the following morning at 8am when the next employee comes in. I am required to stay in the building, carry a cell phone, and be available at all times while on-call. My employers have provided sleeping quarters for the on-call workers to sleep at night. I am not paid during the on-call hours, I am only paid when something occurs and I have do my regular working duties. There is a good chance of being needed during the on-call hours, which on average I might be needed 1-2 times a week.

    Any input, or guidance to informational resources would be appreciated.

  • #2
    Is this a residential facility or do you live on site? Are you required to do so? Is lodging part of your overall compensation? Here are some general guidelines http://www.dol.gov/whd/regs/compliance/whdfs22.pdf
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Agreed. Also it would not hurt if we knew what your job duties are and what the industry is. (Not the name of the employer, we do not need that).
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        I do not live on site, no one does. This is a regular business that has converted a room to sleeping quarters. There is also a shower and kitchen facilities available to all employees. I am required to be on site at all times when I am on call. I do not believe this to be compensation, as I share the space with a coworker on the opposite shift as me. I am not paid more to stay there, I receive my regular wage during my regular hours, then required to be onsite during on call hours.

        The work is in the electric field, and I respond to any trouble calls that may happen during my on call hours. The strange aspect is that I am required to stay on site incase a problem happens, and then I send out an oncall technician to the site, I am somewhat like a dispatcher. These techs are also on call, but they are able to go home and travel freely in the area, and they are only paid when they are called to a job, which by reading the Fact Sheet #22, is correct. My problem is that I am required to be onsite and basically wait until something happens so I am available immediately to send out a technician, and I am not being paid unless I have to actually send someone out for a repair.

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        • #5
          Short answer, it sounds like if you filed a wage claim for an on call regulation violation, your chances of winning sound good.

          Long answer. Technically someone needs to research cases specific to your industry / job duties to see how/why prior related decisions. The general rules are fine and dandy, but DOL point in fact looks at prior related decision to decide these things.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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