When an employee is classified as on-call, it indicates that even if they are not actively engaged in work-related activities, they must respond if their employer calls. Typically, the employee will be on-call for a certain period of time and, depending on the nature of the task, may or may not be present at the work site.
An on-call employee may or may not be qualified for extra compensation relating to on-call activities, depending on the work and conditions. But, if a worker believes that their earnings are being unjustly withheld, what are the requirements, and who can they turn to if they wish to submit a claim? Let’s go further into on-call salary norms and how to dispute them.
When Do Employees Become Eligible for On-Call Pay?
The worker’s employment contract is the first place to search for on-call salary eligibility. If a provision addresses this problem, the contract wording takes precedence. Nothing may be directly stated in the employment contract, but the corporate policy outlined in handbooks, manuals, and other papers distributed to all workers specifies an on-call remuneration policy.
In such circumstances, a court will apply those principles to that particular worker’s case. If there are no contracts or firm agreements to resort to, the two parties would normally seek resolution through a court or an arbitrator.
What Factors Are Considered in Determining On-Call Pay Eligibility?
The primary issue that a court or arbitrator considers when determining pay eligibility is the degree of control the employer has over the worker during the on-call period. The more limitations there are, the more likely the employee is entitled to on-call compensation.
Some instances are as follows:
- Emergency Personnel: On-call compensation is available to doctors, nurses, maintenance specialists, and other employees who are required to respond quickly in an emergency.
- Geographic Constraints: The more physical constraints imposed on the worker during an on-call time, the more probable it is that on-call compensation is necessary.
- On-Call Time: Longer lengths of mandatory on-call time are more likely to necessitate appropriate payment.
- Call Frequency: How many calls will the employee most likely receive while on-call? More calls typically equal more income.
- Flexibility: If an employee is unable to attend to personal concerns during their on-call period, they will almost certainly be paid for their time.
- Length/Frequency: Arbitrators will also take into account how many hours a worker is anticipated to be on-call and how often they are expected to be on-call.
- Restriction on Leisure Activities: For example, are workers permitted to consume alcoholic beverages when on call?
- Cell Phone Requirement: On-call workers who are compelled to carry their work phone may not automatically qualify for on-call compensation. However, employees who are forced to give up their personal cell phones for similar reasons may have a higher chance of arguing for such pay.
Who Is in Charge of On-Call Wage Disputes?
The Fair Labor Standards Act (FLSA) establishes most wage and hour laws, which the Department of Labor implements.
Suppose you feel you are owed on-call wages that your employer is failing to pay. In that case, the first step is generally to submit a complaint with the FLSA Wages and Hours division, which may be done online or in person at one of their numerous regional offices.
If your claim does not fit under federal criteria and there is a state agency that handles such things, you may contact your state’s labor division to see if they have a reporting procedure that meets your requirements.
Before contemplating a lawsuit, keep in mind that most courts require you first to make a claim with the appropriate body and go through any appeals procedure. Only after such claims have been denied will the employee be able to sue their employer. If the appropriate government agency is unable to assist you, it may be necessary to seek the assistance of a lawyer.
Is On-Call Time the Same as Overtime?
On-call time and overtime are different.
On-call time refers to the time when an employee is required to be available to work if needed but is not actively working. During the on-call time, the employee is usually free to engage in personal activities, such as sleeping or watching TV, but must be ready to report to work if called upon. Some employers may provide compensation for on-call time, while others may not.
Conversely, overtime refers to the hours an employee works beyond their regular schedule, typically defined as more than 40 hours per week. Under federal law, non-exempt employees must be paid overtime at a rate of 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.
On-call time can overlap with overtime hours if an employee is called in to work during their on-call time, and the additional hours worked put them over the overtime threshold. In that case, the employee may be entitled to both on-call pay and overtime pay for those hours worked. However, being on-call does not automatically entitle an employee to overtime pay.
Are There Restrictions as to How Long I Can Be On Call?
There are no federal laws that limit the amount of time an employee can be on call. However, some states and local jurisdictions have implemented regulations around on-call time.
For example, California has a law that requires employers to pay employees who are on call for more than 24 hours at least 50% of their regular rate of pay for that time. Additionally, New York State has a “call-in pay” law that requires employers to pay employees who report to work but are not actually needed for their scheduled shift a minimum of four hours of pay.
In some industries, labor unions or collective bargaining agreements may also include provisions that limit the amount of time an employee can be on call or provide additional compensation for on-call time.
Check your state and local labor laws to see if there are any regulations that apply to on-call time in your industry. Additionally, you can review your employment contract or speak with your employer to understand any company policies regarding on-call time.
Is an Attorney Necessary for On-Call Wage Issues?
Employment law is a complex subject. All too frequently, the injured worker is fighting an uphill struggle, with their company having the people and financial means to make any disagreement seem hopeless. That is why you need the assistance of an employment law attorney.
They will be able to advise you of your rights, help you through any claims procedure, represent you in any appeals, and, if required, fight for you in litigation. Fighting these fights on your own may be lonely and intimidating, so getting the advice of an attorney with expertise in your area can make a significant difference.
If you have issues related to on-call time, LegalMatch can help you find a lawyer who practices in employment law and can advise you on your legal rights and options. They can review your employment contract, company policies, and state labor laws to determine if you are entitled to compensation for on-call time and help you pursue legal action if necessary.
