need help--assist/not on call Mississippi

[nas101284]

i work for a hospital. i work 12 hour shifts. 80 hours per pay period. there has recently been an issue with complaints about staffing. administration has come up with a plan for my dep. to take "assist" days per week. they put you on the schedule an extra day in case someone calls in they will call you to come work. i have to wait by the phone for a 2 hr time frame to see if they call.this is on my day off of course. this, to them, is not being "on call" and you do not get paid unless you have to go in. i live 40 mins one way from this facility. i work and show up when i am scheduled. can this be done and not be considered "being on call" and not getting paid.

[Pattymd]

Probably. First, it's only two hours. Second, you don't have to WAIT by the phone, they could call your cell, if you have one; and if you don't, you could still go about personal activities at home, laundry, cooking, watching tv, etc. IMHO, your time is not severely restricted enough for the two hours to be compensable.

[Betty3]

Agree with Patty.

Quote:
29 CFR 785.17 - On-call time.


Section Number: 785.17
Section Name: On-call time.
An employee who is required to remain on call on the employer's premises or so close thereto that he cannot use the time effectively for his own purposes is working while ``on call''. An employee who is not required to remain on the employer's premises but is merely required to leave word at his home or with company officials where he may be reached is not working while on call. (Armour & Co. v. Wantock, 323 U.S. 126 (1944); Handler v. Thrasher, 191 F. 2d 120 (C.A. 10, 1951); Walling v. Bank of Waynesboro, Georgia, 61 F. Supp. 384 (S.D. Ga. 1945))

[pigz]

I dont see how betty or pattymd can say how your time should be spent?


The question is can you use this time effectively for your own purposes?

If yes, then you dont get paid, if NO then you should be paid.

[Pattymd]

I dont see how betty or pattymd can say how your time should be spent?

.

Pay attention. I gave examples of personal activities that could be performed, showing that the time was not severely restricted. Stop putting words in my mouth.

[Betty3]

Agree, OP's time is not severely restricted & don't see why they can't use their time at home effectively for their own purposes. Patty was giving examples.

[DAW]

FYI. The FLSA law is a 1930s era law and the related 29 CFR 785.17 regulation is 1940s era. The courts and DOL administrators have been making decisions about just what "severely restricted" means for all that time, and they collectively have come up with a pretty narrow definition.

[pigz]

Pay attention. I gave examples of personal activities that could be performed, showing that the time was not severely restricted. Stop putting words in my mouth.

Maybe your personal activities? Not everyone does the same stuff, or has the same personl activites.

[CatBert]

pigz is going to put words in your mouth to try to make himself look better, too bad that never seems to work

[pigz]

My goal is not to look better, like some people here, My goal is to help the OP .... give it a try some time..

[cbg]

Pigz...you are walking the line. It was very clear what Patty was saying. You are now making trouble for the sake of making trouble. This is the final warning.

[pigz]

I guess that ends this converstation.