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On call travel time for Healthcare Massachusetts

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  • On call travel time for Healthcare Massachusetts

    I am a surgical technician who works at a hospital in Mass. We are required to take call frequently and have always been paid from the time we are called in to the time we leave. All of a suddent hey have decided that the law reads that they do not need to pay us until we arrive at the hospital. I had this problem at another hospital and we found that according to the labor laws they have to pay for the time you are called since you no longer have the option to do any personal things and must focus on work. Does anyone have any information on this? I can't seem to find the paperwork that we had from the other place and can't seem to be able to look it up. Thanks.

  • #2
    Are you talking about being paid for commuting time? I'm not familiar with any laws that require you to be paid for time from your home till you get to the hospital under any circumstances, call or not.
    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.

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    • #3
      That's commute time and not required to be paid.

      The earlier practice of paying it was gravy.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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      • #4
        This may help the OP

        29 CFR 785.36 - Home to work in emergency situations.
        • Section Number: 785.36
        • Section Name: Home to work in emergency situations.
        There may be instances when travel from home to work is overtime. For example, if an employee who has gone home after completing his day's work is subsequently called out at night to travel a substantial distance to perform an emergency job for one of his employer's customers all time spent on such travel is working time. The Divisions are taking no position on whether travel to the job and back home by an employee who receives an emergency call outside of his regular hours to report back to his regular place of business to do a job is working time.
        ========================================

        "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

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        • #5
          Army, I like your signature disclaimer!
          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.

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          • #6
            I think the key phrase in this regulation is "a substantial distance", which is, of course, subjective.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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