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NC on call 24/7/365 minus Paid time off North Carolina

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  • NC on call 24/7/365 minus Paid time off North Carolina

    I live in North Carolina, and my whole job is to be on call 24 hours a day, 7 days a week all year long (every weekend too) except for paid time off which is 4 weeks a year. I work from home and do not have a job site I report to on a regular basis. I wait for calls around the clock and visit customers sites when our customers product breaks, and have 4 hours to complete each call. There are arrrox 20 different sites I am responsible for. The sites are anyehere from 10 to 80 miles away. I am a non-exempt employee, and from what I have read my job is classified as "engaged to wait", not "waiting to be engaged". I am paid for the time I am engaged and waiting and WAS required when filling in my timecard to classify the time I was engaged and waiting as Admin time. Now my employer tells me that the days of getting paid for "Admin Time" are over. Now I am required to login to my computer Monday thru Friday for 6 to 7 hours a day and do what pretty much amounts to data entry work. When I get calls when something breaks during this time I still have to go onsite and fix the problem. I get anywhere from 3 to 20 calls a week. It varies.

    I feel this interferes with my personal time a lot. For instance my in-laws owns a spot at a lake that is 2 hours in the opposite direction of all my sites, and if on a weekend I go to the lake I would more than likely miss several SLA's. If I miss an SLA I will get into some trouble, and if I miss many at all I would get fired. We are supposed to have the option of turning a call down if for some reason I can't make it. No one has ever told me, but I know if I turn down many calls I will be fired, because I have done this before and the closest person to take my call can barely make the 4 hour SLA times and he gets paid a lot of gas mileage for doing one of my calls.

    My question is this: If I don't do the 6 or 7 hours a day data entry work, does my employer still have to pay me, or can they legally fire me? I have gotten used to not having much of a life being on call the way I am, but really don't won't to sit at my computer 6 or 7 hours a day though.

  • #2
    If I don't do the 6 or 7 hours a day data entry work, does my employer still have to pay me, Very likely not. By using a cell phone or having your land line set up to forward calls to your cell when you are not at home, you can go about your daily business without limitations - going shopping, visiting friends, seeing a movie, etc.

    or can they legally fire me? Yes. If they want you to do the data entry work and you refuse, they can legally fire you.

    I have gotten used to not having much of a life being on call the way I am, but really don't won't to sit at my computer 6 or 7 hours a day though. Your employer has decided that's what the job entails.

    I feel this interferes with my personal time a lot. Perhaps a job where you are continuously on-call is not the job for you.

    Comment


    • #3
      Thanks. I guess.

      I have read over these forums quite a bit the last few days, and was wondering if most or all of the senior members who answer the questions here are attorneys? From all that I have read there is a certain tone to most of the answers (while I do believe the answers themselves are most likely correct). Most of the answers seem like they are coming from [email protected] people who seem to be saying to bad [email protected] get another job if you have any kind of problem at all.

      You know I grew up in a small manufacturing town, and a lot of people got really upset when jobs where out-sourced to Mexico or South America. After reading over these forums and assuming most of the answers are correct, the only difference between workers here and in Mexico and South America is the minimum wage. I have seen quite a few post where if true from the original poster, then American workers really have no rights at all.

      I know this post will make some of you angry, but the people who answer some of the questions here sound like they are coming from sweat shop owners or managers. Not because of the answers themselves, but there is a tone. I know very well that while interacting on a forum such as this it is easy to mistake how someone is coming across, but it seems to be common in a lot of threads. It seems to me maybe some of you work in HR or some other similar job.

      Comment


      • #4
        Many of us work in HR and have for many years. Many of us know more about labor and wage and hour laws than most attorneys, and attorneys have said so.

        Don't shoot the messengers. The laws are (and aren't) what they are. It's not our fault that some posters get answers they don't want to hear, as correctly legal as those answers might be.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Do you think that the legal answers would be different if the responders here were accountants or sales managers? Why do you think that the laws would somehow say something different if the responders were not in HR?
          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.

          Comment


          • #6
            If you will read my post it is not the answers themselves, but the tone the person answering the question seems to be using. Anyway I do think some of the answers given are wrong, and I am not an attorney neither. I do however research the hell out of things and can come up with a lot of old cases that have been tried and Won, and some yes lost. Class action lawsuits have been tried in cases similar to my situation. Some have been won and some not. There is one thing that does set my instance a part and it is the "engaged and wating". If you must research this and waiting to be engaged, there is a differense.

            Comment


            • #7
              So, if you think all the answers were wrong, file a wage claim.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                I never said ALL the answers were wrong.

                Different question though. I live in the South. Not many Unions around here. Not that I know of anyway. How do you all feel about Unions? I am just curious, my son lives up North and has been a member of a Union for several years now. I don't as of yet have a opinion, because I have never had any first hand experience with any.

                Comment


                • #9
                  I think there are good unions and bad unions. Just as there are good employers and bad employers.
                  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.

                  Comment


                  • #10
                    I'm not sure about what "tone" you are seeing in the answers but all the people who respond to questions on this board are volunteers most of us with considerable experience in HR.

                    We dont always agree with the law but the answers we give reflect what the law says about a certain situation. We generally are willing to help answer questions, but most of us dont have the time to engage in multiple discussions about what is legal vs fair.

                    We deal with these laws every day. We are neither advocates for the employer or the employee. We are just trying to help others with questions about areas that are often very confusing.
                    I find that the harder I work, the more luck I seem to have.
                    Thomas Jefferson

                    Comment


                    • #11
                      Well it is obvious this site is geared toward employer's point of view, and the tone is very very obvious. If you are denying that, you are either an employer yourself are a lie. I am not trying to start a fight either, but when something is so obvious you really make yourself look stupid by denying it. At least you do to anyone with an ounce of common sence. Like I said I am not trying to start a fight. I just call things for what they really are. I understand there are some people here with a lot of post, and I worked 12 hours last night and if I had as many post as some here do I would have to be un-employed. I don't care how much you may think you know about labor law, it is quite obvious some here do not know much, or they would not spend so much time on message forums. If you are a true professional you do not have time to post over 20,000 messages on a single message board. yea you may say that you or whoever is just that good. Yea I really believe that. Get real.

                      Comment


                      • #12
                        Getting real is understanding that law does not necessarily equate to "common sense" and all "common sense" is not law. You have been given the legal answers. If you want to file a wage claim and let the state/federal government make the decision, nothing is stopping you.

                        And btw, you have no idea how long it's taken to get to over 20,000 posts.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                        Comment


                        • #13
                          Well, sorry. I am not an employer. I am employee. I get a paycheck every week and I have a boss to report to. None of that changes the law.
                          None of that changes the fact that many of us have been on this board for YEARS, volunteering our time to try to help others sort thru confusing laws.

                          If you dont like what you hear here, go pay an attorney and you can argue what is legal with him all day on your dime and we can spend our time helping others who need help.
                          I find that the harder I work, the more luck I seem to have.
                          Thomas Jefferson

                          Comment


                          • #14
                            Do you think that the law would say something different, if you were given the answer by an employee rather than an employer? Why do you think so?

                            The law either does, or does not, require that you be paid for on call time. It's not a matter of opinion. The position of the person giving you the answer does not make the law say something different.
                            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.

                            Comment


                            • #15
                              Originally posted by Pattymd View Post
                              Getting real is understanding that law does not necessarily equate to "common sense" and all "common sense" is not law. You have been given the legal answers. If you want to file a wage claim and let the state/federal government make the decision, nothing is stopping you.

                              And btw, you have no idea how long it's taken to get to over 20,000 posts.

                              Can I guess 4 years for 20,000 posts? (Couldn't resist)

                              Comment

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