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Can an employer require employees to be on call?

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  • Can an employer require employees to be on call?

    Can an employer require hourly employees to be available at all times with out some kind of a on call pay? We recently had our on call pay taken away, but are still required to be on call, carry our company issued phone and be available for immediate call outs 24/7. We are also required to notify our supervisor if we plan on being out of reach for any length of time. This is nationwide, but I am in Oregon

    Thank you.

  • #2
    Unless your personal activities are severely restricted, the time you are on call is not compensable. Only the hours you actually work are.
    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
      a little more info?

      I was wondering if you could tell us a little more on this subject. I work during the week, and am on call on a rotating schedule, so usually about once every other month. We are required to be within one hours distance of work when we are on call. If we are called out, we get $40 in addition to hourly wages, but if we are not needed, we recieve nothing. Would the be required to pay us a flat fee, or an hourly fee regardless if we come in or not, or did they find a loophole in laws because they pay us $40 if we are called out?

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      • #4
        Originally posted by mrbybee
        I was wondering if you could tell us a little more on this subject. I work during the week, and am on call on a rotating schedule, so usually about once every other month. We are required to be within one hours distance of work when we are on call. If we are called out, we get $40 in addition to hourly wages, but if we are not needed, we recieve nothing. Would the be required to pay us a flat fee, or an hourly fee regardless if we come in or not, or did they find a loophole in laws because they pay us $40 if we are called out?
        Oregon doesn't have any provisions for reporting time pay and the employer paying you an extra $40 in addition to your hourly rate is above and beyong what is requiored by state law.
        Somedays you're the windshield and somedays you're the bug.

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        • #5
          Use of Cell Phone while on-call

          The company we work for requires on-call people to carry cel phones which they provide, however they prohibit personal calls even if the calls incur no additional charges, i.e nights and weekends. If personal calls are voluntarily reported, our employer demands repayment and they they are base repayment on the percentage of reported personal use. Furthermore if we are called, because we are on salary, we do receive any additional compensation. Is this fair, is it legal?

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          • #6
            Whether it is fair is a subjective call. 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.

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