On Call

[gb73]

I'm looking for ideas concerning "on Call" time. Highway crews that are expected to wait by the phone after regular hours for a snow squall that may or may not happen, resulting in may or may not being called in, is that considered "waiting to be engaged" ?

My thoughts were that, until that call comes, either to be called in or informed that the employee is not needed, he would be "waiting to be engaged. And compensated. Unless he was told to return at a specific time, therefore, from the end of regular hours until the hour of return would not be compensated.

I welcome any feedback,
gb

[mlane58]

Waiting to be engaged is not compensable because the employee is freed from all duties and responsibilities for a definite period of time and has enough time to pursue personal business before being called back to work.

[DAW]

Agreed. There is no "bright line" test associated with on call, just seventy some years of court decisions in which the courts had to decide just what "sufficiently restricted" means. The courts have historically been fairly pro-employer in this, meaning the employer must place sufficient restrictions on the employee that they can not productively use the time. Having to carry a cell phone or pager does not pass the test. Waiting in the employers building would. Past that, it gets real iffy, with the employers winning more cases then losing. Example, two court cases in the same state with very similar facts, the courts decided that being required to report to work within 20 minutes of the phone call was "sufficiently restrictive" in one case, and insufficiently restrictive in another case. This is different courts, but exactly the same court jurisdiction, meaning both cases are equally valid precedent there.

I understand the argument that is being made, but a lot of people have made exactly the same argument over the past seventy years, and unless there is more then is being said, that argument by itself is legally insufficent.

[gb73]

mlane,
You are correct... that was my mistake, I meant to say "engaged to wait.

[mcarson87]

Which state is this?

[gb73]

I should have included that. It's New York

[Betty3]

That's ok - you had the state under your join date in the upper right hand corner of your post.

[mcarson87]

Sorry, I'm not very familiar with New York law. The reason I asked is some states have a slightly different definition of "hours worked" which is more favorable for employees. Notwithstanding, compensability of on-call time remains extremely fact driven as I am not aware of any bright-line test existing in any state even with a more employee-favorable definition.

Here's a couple links I found doing a google search which may be of some assistance:

• http://www.lawdragon.com/index.php/n..._on_the_clock/
• http://www.hrhero.com/benefits/tip-on-call.shtml

[gb73]

Thank You All.
gb