Quote from erdiane
we are paid some pittance for being "on call". something like $2 per hour (or less). then when we are called in, we get paid time and a half. a few weeks ago, i was on call for the first 4 hours of a 12 hour shift. i got called in and did the remaining 8 hours at the time and a half rate. so, basically, i got paid for 12 hours, + the 4 hour on call rate, and i only worked 8 hours. seems rather silly to me, as it would have been cheaper for them to just have let me come in for the whole 12. of course, mgmt looks at hours, not $. how ridiculous.
according to federal labor laws (i believe chapter 129), if a person is not on the premises, (such as a fireman) carries a phone, pager, or must call in where they can be reached, must at all times be close enough to respond in a given time, and is otherwise not in control of whatever they wish to do, the employer must pay at least minimum wage to the employee on call.
in 1947 the portal to portal act (29 u.s.c. 251-262) amended flsa to give clearer definition the term "workday" and to answer questions regarding employers' liability to compensate workers.
(29 cfr part 785
voluntary late work -29 cfr 785.11 work not requested but suffered or permitted is work time. for example, an employee may voluntarily continue to work at the end of the shift. he may be a piece worker, he may desire to finish an assigned task or he may wish to correct errors, paste work tickets, prepare time reports or other records. the reason is immaterial. the employer knows or has reason to believe that he is continuing to work and the time is working time.
rest breaks -29 cfr 785.18 rest periods of short duration, running from 5 minutes to about 20 minutes are common in industry. ... they must be counted as hours worked.
meal breaks -29 cfr 785.19 bona fide meal periods are not worktime. bona fide meal periods do not include coffee breaks or time for snacks. these are rest periods. the employee must be completely relieved from duty for the purposes of eating regular meals. ... the employee is not relieved if he is required to perform any duties, whether active or inactive, while eating.
lectures/meetings -29 cfr 785.27 attendance at lectures, meetings, training programs and similar activities need not be counted as working time if the following criteria are met: (a) attendance is outside of the employee's regular working hours; (b) attendance is in fact voluntary; (c) the course, lecture or meeting is not directly related to the employee's job; (d) the employee does not perform any productive work during attendance.
training programs -29 cfr 785.31 the training is directly related to the employee's job if it is designed to make the employee handle his job more effectively as distinguished from training him for another job, or to a new or additional skill.
changing clothes at work -29 cfr 785.24 and 790.8(c) among the activities included as an integral part of a principal activity are those closely related activities which are indispensable to its performance. if an employee in a chemical plant for example, cannot perform his principal activities without putting on certain clothes, changing clothes on the employer's premises at the beginning and end of the workday would be an integral part of the employee's activity.
changing clothes off work -29 cfr 785.24 and 790.8(c) on the other hand, if changing clothes is merely a convenience to the employee and not directly related to his primary activities, it would be considered as a 'preliminary' or 'postliminary' activity rather than a principal part of the activity.
travel time to/from work -29 cfr 785.35 ... travel time at the commencement or cessation of the workday .... need not be counted as worktime unless it is compensable by contract, custom or practice. on the other hand, 29 cfr 785.36 provides, if an employee who has gone home after completing his day's work is subsequently called out at night to travel a substantial distance to perform an emergency job ... all time spent on such travel is work time.
travel time during work -29 cfr 785.38 time spent by an employee in travel as part of his principal activity, such as travel from job site to job site during the workday, must be counted as hours worked.
civic work -co. requested -29 cfr 785.44 time spent in work for public or charitable purposes at the employer's request, or under his direction or control, or while the employee is required to be on the premises, is working time.
medical attention -29 cfr 785.43 time spent by an employee in waiting for and receiving medical attention an the premises or at the direction of the employer during the employee's normal working hours on days when he is working constitutes hours worked.
on call time -29 cfr 785.17 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
additionally, they are required to pay customary salary, or time and a half from the time they call until you arrive and clock in, because they control your behavior and availability.
this is the portal to portal law. if you're going to report a violation, i would not mention the law at work...... there are some excellent labor law books out there, but read the ones which are written for the employer to make sure they are protecting themselves. these have the best juicy tidbits. btw federal statutes overrule state or local.
this may dampen their ardour for call nurses....