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USA Operations Centers On Call Time May 2017
As this policy is reviewed, please note the following State/Area for which exceptions exist:
Not Applicable
Specific details on each exception may be found within the General Information section of this text.
This policy applies to employees who may need to be "on call" during non-work hours. "On Call" employees are specified for contact by paging services, cellular phones, security personnel, or others in the case of certain events.
Who is eligible?
Exempt employees are not eligible for pay for "on call" time.
Non-exempt/overtime eligible employees are eligible for pay for “on call” time and required to record their hours worked and are paid for all time worked.
What is On Call Time?
Employees who are required to remain “on call” on the employer’s premises or so close that they cannot use their time effectively for their own purposes are working while “on call”.
Employees who are not required to remain on the employer's premises, but are merely required to leave word at home or with company officials where they may be reached, are not working while "on call".
How are “On Call” situations to be handled? Whether “on call” time is to be treated as time worked depends on whether the time is spent predominately for Joyner’s benefit or for the employee’s. If the employee is merely “waiting to be engaged,” then payment for such time is not required, i.e., the employee is not paid for time spent waiting for a call while they are “on call”.
End of Overview
Definitions
Non-exempt/Overtime Eligible Employees: are subject to overtime requirements as a result of federal and state wage and hour laws and therefore, receive pay for overtime hours worked.
Exempt Employees: are employees who, because of their positional duties and responsibilities are “exempt” from the overtime provisions of federal and state (as applicable) wage and hour laws and as such are not paid overtime.
Who is eligible?
Exempt employees are not eligible for pay for "on call" time.
Non-exempt/overtime eligible employees are eligible for pay for “on call” time and required to record their hours worked and are paid for all time worked.
An employee who is required to remain “on call” on the employer’s premises or so close thereto that he or she cannot use the time effectively for his or her own purposes is working while “on call” and would therefore be paid for this time. However, an employee who is not required to remain on the employer’s premises, but is merely required to leave word at his or her home or with company officials where he or she may be reached is “not working” while “on call” and therefore is not paid for the time they are “on call”.
How are “On Call” situations to be handled? Whether on “call time” is to be treated as time worked depends on whether the time is spent predominately for Joyner’s benefit or for the employee’s. If the employee is merely “waiting to be engaged,” then payment for such time is not required, i.e., the employee is not paid for time spent waiting for a call while they are “on call”.
Employees who are required to remain "on call" on the employer's premises or so close that they cannot use their time effectively for their own purposes are working while "on call".
Employees who are not required to remain on the employer's premises, but are merely required to leave word at home or with company officials where they may be reached, are not working while "on call".
If it is determined that the employee should be compensated for being "on call", the time worked should be recorded on the timesheet and should be paid at the employee's regular rate of pay or overtime rate, whichever is applicable.
Examples of "on call" time that is NOT to be compensable are as follows:
Employee on call at home from 5:00 p.m. to 8:00 a.m. five nights per week.
Employee who had to be accessible by pager and respond within one hour.
Employee who had to respond to calls by telephone or two-way radio within 20 minutes.
Employee who was on call one week in six. The employee could do as they pleased while on call as long as they were not under the influence of alcohol or drugs and could be reached by beeper, and were able to report within 20 minutes of responding to a page.
Example of "on call" time that is compensable are as follows:
Employee who had to continuously monitor radio transmissions and respond within 30 minutes. Employee was on subject-to-call status 24 hours per day every day of the work period.
Each "on call" situation is decided on the particular circumstances involved. Decisions by courts have depended on the degree employees are able or free to use their time for their own purposes while "on call".
Generally, compensation for time an employee spends wearing a pager or cellular phone after hours is not necessary if the employee can engage in normal private pursuits such as eating, sleeping, entertaining, and other periods of freedom from work duties. However, such an employee must be compensated for work performed, as required by the law.
Non-exempt/overtime employees who are eligible for “on call” pay should work with their manager to ensure that all time is recorded accurately.
Questions about time that is (or is not) considered “on call” should be discussed with the employee’s management and Human Resources.
The manager should explain the “after-hours emergency phone call” policy and ensure the timesheet is completed correctly.
As needed, Human Resources should provide assistance to managers and employees in understanding and applying the policy.