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hours worked Wisconsin

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  • hours worked Wisconsin

    I am a commercial flat roofing employee paid weekly by the hour in the state of Wisconsin. At my job there are 4 service crews (one foreman and one helper per crew) the foreman drives a company vehicle which he takes home daily. Each crew rotates the weekend responsibility of being "on call". During this time an employee CAN be called upon AT ANY TIME day or night and is expected to be readily available for work. Employees assigned to being "on call" for said weekends are to remain readily available from the time their normal work day is finished on Friday till Mondays normal work day begins, in case of a customer emergency. During this time the employees are not allowed to drink, not allowed to leave town (I.e. go overnight camping or visit a family member who maybe lives an hour away) as the employees are expected to be able to leave at a moments notice to tend to any call that MAY come in. My question is... is this time considered hours worked? Or is it considered leave? Currently our company does NOT pay anything for this time we are expected to sit at home and wait for a call.

  • #2
    For example, I was sitting down to dinner with my wife for our anniversary and got the call after the food was ordered but before it was delivered and had to take the food to go and drive 2.5 hrs away to tend to a client whose roof caved in due to a backed up drain. I was only paid from the time I left my house to the time I got home. But was unpaid for the rest of the weekend that I spent sitting around waiting to be called upon.


    • #3
      Generally speaking being on call is not on the clock...only actual call out time counts, if one is called out .

      In general one must be free to do regular life activities while on call.

      IF the employer comes up with a long list of things one cannot do while on call..the issues become grey the more the employer restricts ..and best need to be addressed with labor law attorney .

      Just an out of date lay view of somebody who had a number of service techs on stay reasonably close and connected via cell phone or equivalent and not impaired in any way to respond to work is NOT enough to turn the clock on...not even close ..but my vote does not count. I would suggest ..suck it up.


      • #4
        In this day and age of cell phones and wifi, employees on call are not terribly limited. While it stinks that your dinner was interrupted, you only had to be paid for the time spent attending to the call, not the whole weekend. Now if calls are so frequent that you are basically going from one call to the next and have very little down time, then it might be considered work time. Not being able to drink or go far out of town would not create a situation where you had to be paid for the entire weekend.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


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