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On Call South Carolina

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  • On Call South Carolina

    I have to be on call every 3rd. week. At home, must be able to respond within 30 minutes, cell and beeper. It makes it hard to even buy groceries since I will have to respond with my groceries, some of the places I would have to respond to are 30 miles away. I get $60 for this, if I get a call I get paid overtime. No calls, no extra. I have a life outside of work and other people want to take my on call weeks. The boss say's no. Is this legal?

  • #2
    You can find the federal rule regarding on-call (such as it is) reference below. The problem is that this is not a single "bright line" test. Instead various court decisions including the U.S. Supreme Court decision Skidmore v. Swift & Co (1944) say that all available factors need to be examined. The Ninth Circuit has come up with a list of rules, but these rules technically apply to that circuit only. And many of the court cases arguably do not seem to come to the same conclusions. For example, Renfro v. City of Emporia decided that requiring fire fighters to report to work within 20 minutes of being paged required on-call pay while Armitage v. City of Emporia found that city police detectives who also had to report within 20 minutes of being paged did not require on call pay.

    Any argument needs to be framed in terms of the 785.17 regulation. You can try a wage claim with either federal or state DOL (assuming SC has a DOL), or a court action. There is no certainty of sucess.

    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.17.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      not understand

      do not understand

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      • #4
        What part of DAW's response don't you understand? What specific questions do you have about what you read (hopefully, you read the link as well).
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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