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Florida - Non Exempt - On call questions

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  • Florida - Non Exempt - On call questions

    I have a question about the laws here in Florida for non exempt employees that are required to be on call after hours.

    1. If your regular schedule is 8:30-5:00PM with 30 minute lunch, M-F, is the employer required to pay you for your mileage and travel time back to work if you are called in for an emergency after your regular working hours?

    2. If you are called at home after hours, are you "on the clock" from the time you get the call, including the travel time to work and back?

    Basically as the policy is now, we work M-F for 8 hour shifts. We are required to be on call every other week. There are times that I have had to drive to work almost every night that I am on call, but my employer does not pay for my travel time (takes me 45-60 min to get in, and another 45-60 min to get home). They also do not pay me for the mileage. They don't like paying overtime, so if I accumulate hours while being on call, they force me to leave work early during the week so that my hours do not go past 40. So there have been weeks that I have spent a lot of gas (not to mention putting a lot of miles on my car) to get to work and do not get compensated.

    I would imagine that this is not against the labor laws since this policy is in place, but since it seems so unfair, I have to ask.

    If anyone knows for sure, please point me to the correct places so I can present evidence that what they are doing in not legal (if it's not).

    Thanks for your help, I will continue to search online for answers.

  • #2
    1. Mileage, no, not in your state. Time travelling, maybe.

    Since the Division "takes no position", a claim would probably have to be filed and the particular circumstances examined for the DOL to make a determination.

    2. The employee would be "working" during the actual call. However, for travel time, see #1.
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