Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Mandatory on Call... Arizona

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Mandatory on Call... Arizona

    My husband has just been told that he has to be on call one weekend out of the month. The company he works for is not going to pay him for being on call they will only pay him if he gets called. Are there any compensation laws that require the company to pay him a minimum for being on call? It doesn't seem fair that he is not allowed to make plans, leave town, drink etc because he could get called. His life is being resricted and if he doesn't respond promptly he looses his job??? Please help...serahl

  • #2
    First question: is he exempt or non-exempt?

    Second question: EXACTLY how restricted are his movements? How long does he have to respond to a call? Is he tied to the house or can he go out as long as he keeps a cell phone or pager with him?
    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
      I'm not sure about Arizona but Georgia there isn't. I in the past was a Scrub Tech for surgery in a hospital and I was on call about a weekend a month. The only real requirement was I had to call in when I was paged immediately and I had to be within 30 min. of the hospital. That is not a unusual practice. Alot of different employment requires and has that. I do recall I got paid (a small amount like $50) for carrying the pager for the weekend but I don't think that was an labor requirement, it was something the hosp. did. They are within their rights to require that. If he's not a high risk of getting called, you should be able to enjoy around the home things like grill-outs, football games, things like that without giving it a thought. When your talking about only once a month, the concessions won't be as bad as you think. It'll become a habit and will plan around it without paying it much attention.
      Last edited by shoulder67; 12-07-2007, 10:05 AM.

      Comment


      • #4
        He is non-exempt, he doesn't have to stay at home, he can go where he wants as long as he takes his phone with him and responds within thirty minutes. He has to be on site and get his truck within an hour of being called...

        Comment


        • #5
          It is unlikely that this will be considered restrictive enough so that he has to be paid simply for being on call. As long as he gets paid for any time he is called in, the employer is probably going to be considered legal.
          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
            Thank you for your help. We will see how it goes once he actually starts being on call, they are not enforcing the new policy untill the beg. of the year 2008

            Comment

            The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
            Working...
            X