A community of 30,000 US Transcriptionist serving Medical Transcription Industry

On-call pay? - confused

Posted: May 24, 2013

Does anyone have experience with being on call, whether you have to be paid for on-call time? My husband works a job in maintenance and they just recently cut their hours back to 32 hours per week, having them off on Fridays. They told them that if an "emergency" occured on their off day that they would be called in. Well, today, husband went out of town to visit his mom and his boss called and told him to go to a work order that needed to be done and he told her he was out of town and couldn't be back for a couple of hours. She got really mad and told him that he was not allowed to go out of town, that he was "on call". So, is it legal to cut a person's hours and pay obviously and then require that they still spend their entire day waiting at home in case they are called in? I can't find any laws about that and just wanted him to know if it was okay or not.

In my state, he would have to be paid. - sm

[ In Reply To ..]
Google your state's name + on call pay. Or, find your state's government site and department of employment.

in my new job - sm

[ In Reply To ..]
at a hospital, we rotate being on-call. Day hours for holidays and night hours for other days. We are paid $3/hr for every hour we are on-call and if we are called for a report, we get call-back pay which is time and one-half for however long we are needed. I am guessing it is different everywhere. Might try exploring the labor laws in your state. and yes, we are not allowed to leave home while on-call as we have to be available at a moment's notice.

US Dept of Labor page - Bilboa

[ In Reply To ..]

It doesn't look like federal law would do him a lot of good:

http://www.dol.gov/whd/regs/compliance/whdfs22.htm

... but as others have said, your state laws may be more help.

I think when "on-call" they have to pay some sort -sm - XXX

[ In Reply To ..]
stipend for it. My husband was on-call for his company for a special contract they had with a client. He got bonus pay/on-call money regardless if they called him in or not, if he was called in he got double pay on top of that. I loved it as it made us an extra $400 a month for five years until the contract was up (for not doing anything but being available if he was needed). He was on-call one week a month 24/7, and if he took on more (it rotated with 3 others) he got even more money then. He was not able to go out of the area when he was on-call since he had to be able to get there within 2 hours, at 3 a.m. if necessary. I think in those 5 years he got called in 2-3x.

But pretty sure is it illegal for your husband's company not to pay an employee for being on-call, don't know if they escape that since they cut his hours to 32 or what. My husband is salaried so he gets the same pay if he works 30 or 50 hours...well back then, now he is supposed to OT due to IRS changes, etc. Lot different now, new rules, his company has done a lot of changes the last year or so in terms of time documentation, etc.

I would contact the IRS and ask, you have nothing to lose checking it out.

It would help a lot to know what state you're in. - nm

[ In Reply To ..]
nm

I am in Georgia - OP

[ In Reply To ..]
I can't really find a specific law on it.

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