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"On Call" Compensation: IT Industry Missouri

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  • "On Call" Compensation: IT Industry Missouri

    Our company needs to impliment an "On Call" schedule for a team of people to take care of any server issues we might have. If the server goes down a text message will be sent to our "On Call" Network Ops team and if that person is on call we need to come up with a compensation perk.

    What is common out there for the IT Industry?

    I know we need to pay for the hours worked when they are "called" on duty but what about the time they are just waiting around.

    Any suggestions? Any laws I need to be aware of?

  • #2
    We are talking about non-exempt employees, I presume?

    (If exempt, they are not entitled by law to any extra compensation at all.)

    How restricted will they be? Can they be going about their business with their cell phone in their pocket, or do they have to sit at home and wait for you to contact them? Do they have five minutes to return a call or an hour? It makes a difference to what compensation is required by law.
    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.

    Comment


    • #3
      Yes this is for our non-exempt employees, thank you for clarifing that.

      The employee will have a cell phone that will text message them if the server goes down. When the server goes down the employee will need to respond immediately. They will need to have access to a computer/laptop to restart the server or do what ever it takes to get it back up. They shouldn't have to go to the physical location of the server but there is that slight possiblity. So they can be anywhere but they do need to be close to a computer.

      Please let me know if there is anything else needed to know for us know what the compensation needs to be by law.

      Thank you!

      Comment


      • #4
        For federal rules only, there are several DOL regulations affecting on-call. Some effects hours worked, and some effect regular-rate-of-pay. State law can be more restrictive then federal law.

        - 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)

        -----

        In your specific question, just carrying a cell phone is not legally a big deal. Almost everyone these days voluntarily carry one anyhow. Having to maintain immeadiate access to a computer however arguably would "seriously curtail" the employees off hour activities.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Originally posted by DAW View Post
          In your specific question, just carrying a cell phone is not legally a big deal. Almost everyone these days voluntarily carry one anyhow. Having to maintain immeadiate access to a computer however arguably would "seriously curtail" the employees off hour activities.
          I agree with DAW. It's the "immediate access" that's probably going to be the deciding factor. Having said that, however, you CAN pay the "on-call" time at a lower hourly rate. Will make the calculations re: overtime more difficult, but most payroll systems can handle this properly if they are configured correctly.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment

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