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KY on call pay

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  • KY on call pay

    My husband is one of three police officers in a small town. His shifts usually begin at 2pm & end at 2am. If there is no other officer on duty when he clocks out, he is still on call until 7am. Also, on the days that he is scheduled to work, he is on call from 7am until 2pm, when he clocks in. So basically, whoever is scheduled to work the first shift that day, goes on call at 7am & is on call until 7:00 the next morning. Also he clocks out for a 2 hour dinner break, but is still on call. He has a 30 minute response time anytime he is dispatched, on or off the clock. He does get paid if he gets called out during these off the clock times, but is not paid for the time on call. I can't leave the kids with him, we can't go anywhere or make any plans, because if he gets called, he has to get ready & respond within 30 minutes. Shouldn't he be getting paid for the hours that he has to make himself available to the city?

  • #2
    Not necessarily. Just being on call is not, in and of itself, enough to require compensation. What matters is whether or not the terms of the on-call are considered "significantly restricting" under your state's definition.

    He should contact the state DOL and ask them.
    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.

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