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Confused about on-call conpensation

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  • Confused about on-call conpensation

    I live in Arizona and work for a mental health agency. I'm considered (paid) as a PT employee, but all my working hours are on-call. I'm paid 20 hours a week regardless of the number of hours I'm required to be on-call or the actual hours I work. I'm required to be on-call a total of 168 hours a month and I'm paid for only 80 hours. I understand that my employer does not have to pay me for the hours I'm on call due to the fact I'm allowed to remain at home and go about my personal life until I get a call. However, my question is this. Other employees in my office that are consider "on-call employees" are paid 8 hours for each 12 hours they work. One employee is paid a salary of 32 hours a week for working the same amount of on-call hours as I am. This is not morally legal, but is this legal? It's very frustrating that an employee that does the same job as I and works all of their hours as on-call just like I do, but yet is getting paid differently. Also the fact that other employees are getting paid for more hours a week than I am but yet are working the same amount of hours on call that I am. Please help clarify this. I researched the FLSA but that only created more confusion and questions than I had before. Thanks
    Last edited by Vincennes11; 01-08-2008, 08:30 PM. Reason: spelling

  • #2
    As long as you are paid for all hours you actually work, there is no FLSA violation. The fact that other employees are paid more than you for being "on call" when not working could be due to a number of factors of which you (or we) have no knowledge.

    You seem to be comfortable that your on call time does not severely restrict your personal activities to the extent that the time would be compensable, so I won't address this issue.

    BTW, do you HAVE to stay at home when you are on call? What about a cell phone?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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