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Am I on call and should I be paid overtime?!?! Virginia

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  • Am I on call and should I be paid overtime?!?! Virginia

    I searched the forum and couldn't find much on this issue, mine seems rather specific and different even though is may seem similar to most court rulings. Here it is and I'll throw in some background information as well so you may get the whole picture:

    I work for a 911 center where we are issued pagers to carry on our person 24/7 unless we are out of the area. (out of the area is determined by a set of guidelines) The pagers are used to find coverage for shifts to meet a minimum staffing requirement or to increase staffing for weather related events, etc. When paged one must return their page within 30 minutes and advise the on duty supervisor if they are willing or unwilling to accept the shift. If everyone one says that they are unwilling to take the shift the supervisor turns to what we call "the overtime rotation list" to determine who will be ordered to work the shift. The person at the top of the list (the person who has been the longest without working overtime) who is in the area and does not have a scheduling conflict due to working another shift is ordered to work.

    Ultimately there are a couple of questions with this. Am I on call for being required to return my page? If I don't return my page I can be terminated if it continues long enough; this include being passed out drunk - I'm still "required" to return my page. The other question is overtime pay. If you are notified within 12 hours of the shift you are paid overtime for time worked and if greater than 12 hours you are paid straight time until which you are pushed over 40 hours for your work week; you are then paid overtime. However I am not compensated for the time between being ordered in and the time at which my shift begins. I believe that since I cannot reasonably use the time between the two points for my own that I should be compensated.

    Let me clarify one thing on the above paragraph. If I volunteer to work a shift, I agree with not getting compensated between acceptance and work. Being ordered to work is where I have an issue.

  • #2
    I will answer your questions in the order received.

    1. If you're asking whether the "on-call" time needs to be paid, no it does not. You personal activities are not nearly restricted enough to make this time worked.

    2. Yes, you can if the employer chooses to do so and, if you are covered by a CBA, the contract allows for it.

    3. You are mistaken about the time between the page and the time you report for work being compensable. It is not. The law requires only that you be paid overtime when you work over 40 hours in a workweek. If the employer policy or CBA is providing for overtime before that happens, you are getting more than the law requires.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      What about being compensated at all (not necessarily overtime) for the time between being called and reporting to work? I may be forced to immediately go to sleep in order to work rather than continue on with my daily activities so that I may safely, for myself and the citizens, work a 12 hours shift.

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      • #4
        As Patty said, no, you do not have to be paid for the time between the page & when you report to work (time you are not working) even if you decide to use that time to sleep.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Agreed with the other answers. FLSA is a 1930s law, and the related regulation (29 CFR 785.17) is 1940s era, with sixty plus years of court and administrative decisions, which do not agree with your position. Sorry about that.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            as last time i replyed to a thread like this it got me banned, so i will give this bit of advice..

            talk with a lawyer, not answer the phone, let them fire you, sue them, get paid, start a company, profit , buy them, shut them down

            cheers
            Pigz

            Comment


            • #7
              Originally posted by pigz View Post
              as last time i replyed to a thread like this it got me banned, so i will give this bit of advice..

              talk with a lawyer, not answer the phone, let them fire you, sue them, get paid, start a company, profit , buy them, shut them down

              cheers
              Pigz
              With amazing advice like that I can't imagine why you were banned...

              Comment


              • #8
                Originally posted by OHKYWV View Post
                With amazing advice like that I can't imagine why you were banned...
                No kidding! If you look at pigz history it is full of statements that are typically worthless IMHO of course. Pigz seems to prefer to be argumentative and make statements that are of no true help to the OP.
                Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

                Comment

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