Missouri, always on call

[stlecw]

I have a salary position with a major corp. I am a field service eng, repairing hosptial pharmacy robots. we have rescently been told that the only time we can not be dispatched to a hospital is when we are on pto. otherwise, we are on call 365 days a year! we are required to have an 8 hr response time with an area ranging about 300 miles. Is it illegal to be on call this much? we also only get 1/2 of the holidays that the rest of the corp gets, and we can still be dispatched when designated to be off. Are we not entitled to the same amount of holidays as the rest of the corprate salary personel? also, how much driving time and mileage is over a daily limit?

[robb71]

Unfortunately the DOL and the state of Missouri do not have legislation requiring employers to provide paid holidays. While it does seem unfair that some employees receive more paid holidays than others. This practice is not illegal, per se. The only harm would be if the separation between the groups was based on a protected class such as race, religion, age, etc. If this is not the case, then your employer has the legal right to have different policies for different groups of employees.

Regarding on-call, there are no federal and/or Missouri state limitations on the number of hours per day an employee may be required to work or be on-call. Please keep in mind if you fail to follow your company policies, you may be disciplined for not complying (including termination). While on-call are you free to do as you choose until you receive a call? If this is the case, the waiting time may not be compensable.

Pattymd, do you know the answer about if drive time is compensable or not?


Useful link:
http://www.dolir.mo.gov/ls/faq/faq_general.htm

[robb71]

I forgot to ask if you are classified as an exempt or non-exempt employee. I understand you mentioned salaried but that implies your pay method. Exempt or non-exempt status is determined by job duties and determines if you are eligible to receive overtime pay.

http://www.dol.gov/elaws/esa/flsa/screen75.asp

[Pattymd]

The DOL takes no position on this, Robb71. Thanks a lot, DOL.
http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.36.htm

California is the only state I know of where it would be required by state law.