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on call time Idaho

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  • on call time Idaho

    I am a supervisor in a call center for a staff of 8. We work 7 days a week, Monday - Saturday 8am - 11pm. and we have 1 person on call on Sundays from 9 am - 9 pm. WE are allowed to work on Sunday from our homes. We are being paid for 1 hour at regular wage and are to clock in when ever we return a call. We are suppose to check the computer system every 30 min. to see if a call has come in. We do not have pagers. We are not to clock in when we check for messages just when we return a call. So if you are on call and you have to check messages every 30 min and there are never any calls, you do not make anything more than that 1 hour of pay.

    You cannot do anything in 30 min. so you are stuck at home. If our Manager tries to get ahold of you and you do not answer she gets upset. So you have to remain home the entire day. The staff feels that this is not right and they should be making their regular pay for the 12 hour shift.

    Is this legel practice? Please advise.

  • #2
    In this day of cell phones I find it very difficult to believe that you cannot be reached away from home.
    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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    • #3
      The problem is that we recieve our calls on a computer screan. Through a secure connection. The Network Admin and the services we do support for will not allow the none secure connection. We have access to all the customers information, ie; passwords, usernames and other personal information.
      Also the company does not pay for the cell phones. So believe it or not we do have a couple of employees that do not have cell phones.

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      • #4
        I would contact your attorney general for your state. Or, at least find out what the laws are for your state. I did some searching & came up w/contact info for someone local that can answer work law questions. You should be able to find someone locally who can answer those questions.

        I'm no legal expert but this def. seems wrong. If you're expected to be on your comp. every 30 min. then you are working that day. They can't make you work 7 days a week. It they're willing to provide you w/a palm pilot/blackberry/laptop then you could use that on the go. I highly doubt that would be the case. Once again, employers taking advantage of their employees ignorance of the law <not to say you're ignorant personally>

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        • #5
          Cassandra, I beg to differ, but yes, they CAN require the OP to work 7 days a week in Idaho. There are very few states which have a "one day's rest in seven" law, and Idaho is not one of them.

          As a supervisor, I'm assuming you are nonexempt? We'll go on that assumption for now.

          Now, whether or not having to check in on your computer every 30 minutes (if I'm understanding you correctly) would make this compensable time is a subjective call. The law is not specific on what makes such time compensable, but some of the factors that are considered are how much you can go about your regular personal activities, how often you are called or are required to call in, how long each call takes, etc.

          A phone call to the state or federal Dept. of Labor would be helpful.
          Last edited by Pattymd; 07-18-2006, 08:52 PM.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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