On-call changes and protocol Missouri

[medic_girl]

I'm new here... firguring out how this works...

my delima.. I work 12 hour shifts, 3 one week, four the next. this gives me overtime. my contract to hire states 40-44 hours a week. All of a sudden, when our shift bid went out and the new schedule was in place, we all have one additional day a week we are 'on call' for 12 hours. I have been given nothing in writing, no protocols and did not 'agree' to this. I'm told I have 1 hour to be at work from time of being paged. I am paid one dollar an hour to do this. I can't be in class, or I have to leave, I can't have the kids, or find a sitter in 20 minutes, I can't be at another job (i have 2 others) is this legal? don't I need writing of this and notification. should I be paid more to completely ruin my whole day for sceduled activities. I'm on call for my shift hours.. 8am to 8pm. can they call me in at 5 am. can they give me 'points' for not coming in AND take PTO that I've earned away.. not use it, but take it out of my PTO bank? I don't know where to look, I have SO many questions!!

[Pattymd]

1. You don't have to "agree" to a change in schedule, nor does the change have to be in writing.
2. One hour to respond is not unreasonable. During the time you are subject to call, you can still go about your personal activities. I doubt very seriously that the on-call time would be compensable.
3. The employer does not have to take your school schedule, babysitting issues, or other jobs into consideration.
4. Yes, they can give you "points" if you refuse to come in when you are called. This is not an issue addressed by any law.
5. Yes, they can take away earned PTO if you refuse to come in when you are called. In Missouri, PTO is not vested and it is up to the employer how to administer it and what the rules will be.

Are you covered under a union contract? Short of that, nothing the employer has done is illegal. I'm not unsympathetic, because you sound like a very hard working individual, but the fact remains I don't see any violation of any wage and hour laws here.

[medic_girl]

Another issue I would like to know about is hourly wage. My wage was figured on a salary divided by the projected hours worked in a year at full time (44 a week, before the on-call came into affect). Now, if I clock in for a 12 hour shift, I make that rate... if I clock in for an 8 hour or 9 hour shift, I get paid less per hour... does this make any sense to you? they also do this to the part timers who are not salary. I have NO idea what I will make on different shifts... if I come in early or stay late, but I'm on an 8 hour truck, I get paid that rate.. lower.. though I don't know how they figure it. 9 hours makes the least amount, then 8, then 10, then 11 and 12 pays full hourly rate... I'm confused.. can they do that? my contract states my hourly rate. and no, no union, just the offer letter and contract.

[Pattymd]

If the document you signed is indeed a bona fide employment contract, you may have some legal recourse. But you will have to have an attorney versed in contract/employment law review it and advise you. We would have no idea what you might or might not be entitled to without reading the document in its entirety (and no, don't post the entire agreement here).