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Texas (Help,No on call pay!!)

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  • Texas (Help,No on call pay!!)

    A very good friend of mine is employed with a Psychiatric Hospital here in Texas as a Maintenance repair Tech. in which he is required to be on call 7 days a week every hour he is not at work. (He works a 40 hour week). Sounds awful I know. But the worst part is he is not getting any compensation for this and he is HOURLY. Can someone direct me to the code book that prohibits this? Im sure this is illegal. Also is there a minimum amount an employer can pay for on call? I mean what if they say ok we will pay you 10 cents an hour?Thank you.
    Beetle
    Junior Member
    Last edited by Beetle; 03-20-2008, 07:39 PM.

  • #2
    How limited is he when on call? Typcially on call time is not compensible unless the employee's time is so restricted that they are unable to engage in any personal activities. How often does he get called in?

    The time spent actually responding to calls would always be compensible.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Here are the on-call time federal rules:

      http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.17.htm
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      • #4
        Originally posted by ElleMD View Post
        How limited is he when on call? Typcially on call time is not compensible unless the employee's time is so restricted that they are unable to engage in any personal activities. How often does he get called in?

        The time spent actually responding to calls would always be compensible.
        There is no one else to cover him that he may leave the area. He can however stay in the area and carry a cellphone. His position is responsible for many systems such as the Fire Panel, Boilers,Chiller,Phones,plumbing issues,electrical etc. I do not know how often he gets called in. I know he was called in last week and its 20 miles one way. He is compensated when he comes in, he just has no down time and no compensation for that.

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        • #5
          If he is only called in for emergencies and can carry a cell, that doesn't require additional compensation.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            Originally posted by ElleMD View Post
            If he is only called in for emergencies and can carry a cell, that doesn't require additional compensation.
            Can he be held acountable if he is unavailable to come in? say he and his wife decide to go to Dallas which is 100 miles away where he has family or get the urge on a weekend to go to Sea World for instance. I dont understand how he can be told he is on call 24-7 with no compensation, he is being made to stay within the area on his time off. I guess his only option is to look for something else if its going to be a problem.

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            • #7
              That really is the only other option. It would be appropriate for the employer to have another tech so they could rotate being on call, but they aren't required to. And yes, he could be disciplined or even discharged if he is not available to come in when the job requires it.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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