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"On call" Idaho exempt employee Idaho

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  • "On call" Idaho exempt employee Idaho

    I am a salary (exempt) employee in Idaho, who is expected to work 8-5 M-F. My employer is asking me to carry a phone and be ready to take a customer call during after hours (6pm - 6am weekdays, and 24hrs a day on weekends). I will have to perform this duty about 4-5 weeks out of the year (for one week at a time every few months). I am not getting any extra compensation financially nor hourly for this duty. They used to have a gap pay for this duty but it was taken away.

    My concern is being tied to the phone. I have to be ready to assist and therefore I would be unable to do any personal things away from the home (go to movies, out to dinner, hiking, etc).

    As an exempt employee how many hours per week can my employer demand me to work? Due to my exempt status from the FLSA, could they virtually ask me to work 24/7 365 days?

    Thanks.

  • #2
    As a salaried exempt employee, you get no additional pay over your regular fixed
    weekly salary no matter how many hrs. you work or have to be on call. You have
    to work/be on call for how ever many hrs. your employer requires unless you have a
    binding employment contract to the contrary.

    There are some exceptions on max. hrs. for minors & such occupations
    such as airline pilot, long haul trucker .... (for safety reasons).
    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.

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    • #3
      168, and yes, they could. 4-5 weeks out of 52 is not that many.

      Of course, they also could if you were nonexempt. Your exempt status doesn't change anything except you aren't legally entitled to any additional compensation. Now, many companies I've worked for also would cut me some slack if I'd been up all night solving a problem. Come in late, take a few hours off early on Fridays, etc. They don't have to, but it can't hurt to ask if there might be some type of trade-off if you had to go WAY beyond the call of duty.
      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
        I didn't think 4-5 weeks out of the year was that many either. Many exempt
        employees work a lot of hours (much more than 8 hrs. a day M-F).
        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
          Thank you for the response. I should mention although I took on the new position and exempt status, I am still getting paid the same rate I was as an hourly. This "Fortune 500" company loves to not bring people up to their pay scale. So more duties, same pay. Oh well, working in corporate America is just dandy.
          Last edited by LBallstar; 02-04-2011, 10:41 AM.

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          • #6
            As an exempt employee, you must receive at least $455.00 a week. (California
            $640.00 wk. though you're not there)
            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

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