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On-Call pay loop hole - is this legal? Colorado

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  • On-Call pay loop hole - is this legal? Colorado

    My wife is an RN at a hospital. Recently the hospital has started requiring the nurses to be on call on weekends. Every other Saturday morning they are require to be available for a 5:30 in the AM call. If they are needed they are called in and paid, no problem there. However if they are not called in they are paid nothing. - They are required to be in the hospital within 30 min and fully functional ready for critical care.

    This seems completely unfair. This means that they may not travel on those weekends. They cannot be out late on Friday night. They cannot be hungover. They are effectively under house arrest ready to respond without compensation.

    What is the law on this? Is there any reference I can look up?

    ( in this case the Employer is in Colorado ).
    Last edited by eschem; 09-26-2016, 04:28 PM.

  • #2
    The law on this is that it is quite legal - not being able to travel or drink alcohol is not considered sufficient restriction to require it be paid time.

    It may or may not be "fair". It is legal.
    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.


    • #3
      Agreed. There are US Supreme Court (SCOTUS) decisions on this. The legal term is "sufficiently restricted". SCOTUS is on record that an alcohol restriction imposed by the employer does not meet the sufficiently restricted definition of hours worked. A SCOTUS decision is as black letter law as it gets. Like CBG said, feel free to consider this to be un-fair, but this is hard law.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)


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