Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Not paid for being On Call 24/7 in Arizona

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Not paid for being On Call 24/7 in Arizona

    I currently work for a company in Arizona. The company is headquartered in Texas. I am the only technical employee in Arizona. I take care of equipment throughout the entire state. I am on/call 24/7. I am salaried. I am not paid extra for being on call 24/7, nor am I paid if I have to respond to problems at 3AM etc. I work by myself and no one works for me. I was told that this was illegal in Arizona. I have no idea - that is why I am asking.

    I have been told that I cannot leave the state on weekends to get away, since there is no one here to back me up. I am thinking of quitting and just wanted to know if I have any grounds for disputing my current work situation. Thank you.

  • #2
    You have several different issues:

    "Salaried" is just a payment method on does not mean much by itself. Non-Exempt Salaried employees are due paid overtime for hours worked past 40 in the workweek and Exempt Salaried employees are never legally due paid overtime no matter how many hours are actually worked. Are you Non-Exempt or Exempt?

    Assuming that you are Non-Exempt, there are a bunch of rules regarding on-call, but they collectively have a fairly high threshold. These rules do not care if you are inconvienced, or even fairly seriously inconvienced. The rules listed below are federal rules only. I have no idea what rules your state has (if any).

    - Employees who must be on-call on the employer's premises or close enough to seriously curtail their use of the time for their own purposes must be paid for the time spent on-call. But employees who merely have to leave word where they can be reached are not working while on call. (29 CFR 785.17).
    - Employees must be paid for unproductive time if that time is spent for the employer's benefit (29 CFR 785.7).
    - If an employee has been called back to work, you must also pay for his travel time because his time is no longer under his own control once he receives the call back to work. If he works from home, only the time actually spent working has to be paid for. (29 CFR 785.33-785.41).
    - The regular hourly rate of pay of an employee is determined by dividing his total remuneration for employment . . . in any workweek by the total number of hours actually worked by him in that workweek for which such compensation was paid. On call pay causes the regular rate of pay to change. (29 CFR 778.109)
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Exempt?

      Thanks. I am not sure. I have never been told anything. I earn more than $455/week and I supervise no one. I could assume that I am exempt. I As far as On Call - I must be available to depart my home immediately if there is a problem 4 hours away. I think it might be time to look for something else.

      Comment


      • #4
        Exempt or non-exempt depends mainly on job duties. If you are exempt, then you would get no add'l. pay over your regular weekly salary no matter how many hrs. you work.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          They've always told my co-workers that since you think out the technical problems and solutions on your own, you are exempt. Something to do with the critical thought process as a measuring stick for exempt status of technical workers. As well as payment minimums of course, which you seem to have.

          Comment


          • #6
            Originally posted by TomB View Post
            Thanks. I am not sure. I have never been told anything. I earn more than $455/week and I supervise no one. I could assume that I am exempt. I As far as On Call - I must be available to depart my home immediately if there is a problem 4 hours away. I think it might be time to look for something else.
            There are many possible Exempt classifications, only one of which requires supervision. If you are not sure if you should really be Exempt, then you can find the major classifications at the following website. There are also a lot of mostly industry specific exceptions not listed on this page (sheepherders for example). If you are legitimately Exempt, then on-call is no longer a meaningful issue. I know zip about AZ law, but that is not one of the states generally mentioned as having any restrictions on employers working their employees huge number of hours.
            http://www.dol.gov/esa/regs/complian...irpay/main.htm
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment

            The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
            Working...
            X