Can a comapany require it's hourly employee to be on call without on-call pay?

I am a Respiratory Therapist working in a home he alth company. I am on call 7 days a week. I receive no compensation for my time,unless I have to go out to go out to visit a patient after working hours or if I receive a call. It is rare that I have to go visit a patient, however my after work and weeekend activities are limited because I never know when I may get a call.

1 answer  |  asked Oct 24, 2009 11:22 AM [EST] in Overtime  |  applies to North Carolina

Answers (1)

Neil Klingshirn
Federal overtime law addresses whether "on call" time is considered "hours worked". It states:

An employee who is required to remain on call on the employer's premises or so close thereto that he cannot use the time effectively for his own purposes is working while ``on call''. An employee who is not required to remain on the employer's premises but is merely required to leave word at his home or with company officials where he may be reached is not working while on call. (Armour & Co. v. Wantock, 323 U.S. 126 (1944); Handler v. Thrasher, 191 F. 2d 120 (C.A. 10, 1951); Walling v.
Bank of Waynesboro, Georgia, 61 F. Supp. 384 (S.D. Ga. 1945))

http://www.dol.gov/dol/allcfr/Title_29/Part_785/29CFR785.17.htm

The question is thus whether you are free to live your normal life, subject to getting calls.

posted by Neil Klingshirn  |  Oct 26, 2009 11:15 AM [EST]

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