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Wisconsin On Call and Pay

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  • Wisconsin On Call and Pay

    I am an hourly paid employee and do get paid overtime for anything worked over 40 hours. I do work in the office but do not manage or train anyone. I do not work with computers and I am not responsible for reporting for the company. My required hours of work are 8-5. Every couple of weeks I am expected to forward all phone lines to a cell phone that I am required to take home and answer from 5p.m. to 8 a.m. I am only paid $5.00 if I schedule a call for a technician to go on. The phone does ring numerous other times for work related items that I am required to deal with but am not compensated for. There are times when the phone will ring every 20 minutes, for hours. with automated calls that will not allow a person to sleep.(These calls are not scheduled calls and do not qualify for the $5.00). Then I am still required to report to work at normal scheduled time after no sleep. Isn't there some law that would require I be paid something for my time.

  • #2
    There are many exemptions to OT by the US DOL. From what you've stated though you are a non-exempt employee in my opinion and are lawfully entitled to time and a half pay for your overtime work. This would include the time of being on call, if you are required to work and are unable to do things of your own desire freely.

    Here is a link to the DOL, it may take some time, but review the FLSA information and if necessary file a claim. Good luck!

    http://www.dol.gov/compliance/guide/minwage.htm
    Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

    I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

    Comment


    • #3
      Clarification; in NO state is simply being on call (carrying a cell phone or pager around) compensable time just on its own. The time that you are actually working, certainly. IF your time is unduly restricted by the state's definition (which will vary from state to state), yes. But just for BEING on call? No, that is not required.
      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


      • #4
        Two sites to look at...

        This is for NC, so not Wisconsin, but NC has at the very least addressed the issue.

        http://www.osp.state.nc.us/manuals/m...9/emergcal.pdf

        This is a DOL link:

        http://www.dol.gov/DOL/allcfr/ESA/Ti...CFR778.223.htm
        Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

        I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

        Comment


        • #5
          That is for NC state workers, not for employees of private employers. And NC law is not applicable in WI. And I'm not seeing anything in the DOL link that says you have to be paid for every minute you are on call, across the board, whether you are working or not.
          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


          • #6
            CBG, thank you, apparently I have misinterpreted this question and payment expectation, I appreciate you clarifying my error. All the best.
            Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

            I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

            Comment


            • #7
              If we are talking federal law (FLSA) only, there is an actual 1940s regulation regarding on-call with sixty plus years of court decisions. This is another federal rule that lacks a "bright line" test, meaning courts get to make the decisions and courts do not agree. There are a half dozen or so well known court decisions in this area, but collectively these decisions are not very clear in their result. Ninth circuit (CA) has some fairly clear rules, but that is applicable to ninth circuit only. Other federal circuits have well known cases that do not follow the ninth circuit rules. These rules are private sector only. Governmental employment tends to have it's own set of rules on many things. States can have different rules then the feds, but for on call states tend to mostly follow the federal rules. The big difference for on call tends to be what federal court jurisdiction the state is in.

              http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.17.htm
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment


              • #8
                Catbert, maybe it would be easier just to post a link?
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment


                • #9
                  Originally posted by Pattymd View Post
                  Catbert, maybe it would be easier just to post a link?
                  You're probably right...I was being moody
                  Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                  I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

                  Comment


                  • #10
                    In fact, for copywrite reasons, I would very, very much prefer that you just post a link.

                    Plus, I don't think anyone ever disagreed that on-call situations are looked at on a case by case basis. What we were arguing was the idea that all on-call time, without exception, whether the employee was working or not, had to be paid time. Which is what your first post sounded as if you were saying.
                    Last edited by cbg; 01-28-2010, 05:47 AM.
                    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

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