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On Call in Texas

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  • On Call in Texas

    hello we are required to be on call once a month from friday to friday starting at 1630pm to 1630pm. Well during the holiday season like thanksgiving I was on call from the 18th till the 25th. Now I work for the school police department. On the 23rd all other employees were off except for the police officers we were on duty the 23rd from 0700 to 1300 we were given off early on the 23rd. Now the other officers except for me are off duty. I'm on call still until the 25th. Payroll has stated that you must work 40 hours a week before earning overtime. I understand that, but when you are on mandatory call like I was. Is it right for them to say okay the district was off on the 23rd, 24th,and 25th those were days given to you and you have to make 24hours to have 40hrs so all the overtime that you receive while on call has to go toward that 24 before you will be paid overtime. My compliant is the 24hours are automatic to me because you are on call a week at a time 24hrs around the clock for 7 days, and no time an half for thanksgiving is this right? I hope this is not to confusing. We are paid hourly for regualry 40 and paid hourly for overtime bi-weekly not monthly like the other employees

  • #2
    WOW!! I'll try this one

    I'm following your explanation at a respectable distance, but this may help:

    You do not get paid for being "on call", if all you must do is be available to respond to calls, and if you are not so severely restricted that you can not go about your life. You do get paid for the time you work, when called out. That is compensable time for Fair Labor Standards Act (FLSA) purposes, and is "time worked".

    You get paid for all time actually worked. That is FLSA compensable time, and is "time worked".

    You may get paid for holiday, sick, vacation, etc., if your employer has a policy or agreement requiring pay for this time. That is paid time, but is not time worked.

    Depending on your classification as exempt or non-exempt from the FLSA, you may be entitled to overtime pay. If you are, you should get 1.5 times regular pay for all "time worked" in excess of 40 hours in a seven day work week. Your employer is not required to count holiday, vacation, etc. in computing the 40 hours. (Is this what you mean by "the district was off on the 23rd, 24th,and 25th those were days given to you and you have to make 24hours to have 40hrs so all the overtime that you receive while on call has to go toward that 24 before you will be paid overtime."?)

    Anyone else?

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    • #3
      Nope, Texas, not even gonna try it; but I applaud you for doing so.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Your post is difficult to follow. Can you please repost specific questions?

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