Non-Exempt Tech Support taking calls Saturday and Sunday From Home Pay?? HELP Missouri

[robmar83]

Can someone please help me out here. I am a non-exempt employee at an electronics manufacturing wharehouse. Where I take calls all day during the week from 8-5 pm assisting their customers in Troubleshooting electric and computer issues with their products. I have only worked here for 2 Months. I am required to be available to take calls on a company provided cell phone 2 weekends every month as well as every other Holiday.

I am required to be by a computer to give special unlock codes to customers who get locked out of their systems. So I have to be in proximity of a computer for some of these calls.

The company policy as well is that for your first 90 days you are not to get compensated for Holidays, yet july 4th I was required to be on call and did not get paid at all matter of fact that day was deducted from my salary check. I only make 21000.00

After brining this up to them they are no trying to implement an on call status which would pay me only per minit for the phone calls.

Is there anything I can do I feel as though I am getting shafted. I cannot supplement my income because I have to answer the phone so I cannot get another weekend job.


Any Help

[brianmd]

Did you work on the 4th? If you did answer calls then there is no question that you should be compensated for atleast the time spent taking the calls.

On call is a fuzzy area and I'll let someone else try to answer the question a little better. My understanding is that as long as you are free to engage in normal activity it is NOT considered worked hours.

Excerpt from DoL Website:
http://www.dol.gov/esa/regs/compliance/whd/whdfs22.htm
On-Call Time: An employee who is required to remain on call on the employer's premises is working while "on call." An employee who is required to remain on call at home, or who is allowed to leave a message where he/she can be reached, is not working (in most cases) while on call. Additional constraints on the employee's freedom could require this time to be compensated.


Hope this all helps!