On-call pay requirements
Prodata
1 Post
We have a client who employs several part-time, non-union individuals who work only when they are needed. When my client needs someone he starts calling people until he finds someone willing to work. Under the present arrangement they are paid from the time they leave home until they return home (they perform their services at job sites). My client is considering giving a few of these empoyees pagers for weekends. He would require them to be available to work when paged. Does he have to pay them at least minimum wage for the hours they are on-call?
Comments
The issue for the actual on call status is whether or not it would be considered work time. FLSA doesnt' give any specifics, although your state wage and hour law might, if there is one.
Under FLSA, the issue for on call status and compensation depends on the extent of the employee's freedom to do things while on the "on call status." If he or she is severly restricted, such as having to remain at work even though off duty, or not being able to use time in a reasonably effective way for his or her own pleasures that would be probably be considered a restrictive situation in which it would be seen as work time.
But, in this case, the employees were given pagers and presumbalby are free to leave, home, visit friends, do all the normal activities people generally do on their off time and to respond to the page within a reasonable time, such as 30 minutes. If that is the case, then it would probably be difficult for the employee to maintain that he or she should be paid as if the employee were at work, But check your state's wage and hour law; that may have a different, tighter provision benefiting the employee.
In order to "entice" employees to participate in an on call program, an emplyer may provide some compensation, such as an hourly rate of a $1 or $3 per hour or a bonus that adds up over a week's time, or minimum wage, or even the regular hourly work rate for the on call hours. But that doesn't make it work time under FLSA.
Mindy
Another thought for the client is that the worker traveling to the office need not be paid for the round trip to home. If he or she is going to a "job site", then that payment scheme would be appropriate. Normal comuting rules would apply, otherwise.