Flexed, but forced on be on call with no additional compensation?

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So at the facility I currently work for (FL), staffing can flex you before your shift, but you must be "available" to come in if they call you to within 30 minutes up until 2pm. They do not pay on call, and if you don't/can't report back after being flexed, it goes on your record as a no call no show.

It seems that this policy violates the federal labor laws, from my very rudimentary knowledge of them. Does anyone work at a facility where this is a policy, and is it legal? FL of course is an at will state, so I'm not sure if previous employees have been successful in complaining about it.

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My job is the same. Some hospital pay a lot hourly rate while being on call but not mine. It sucks but I don't think it's illegal.

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It might be considered as work time, depending on how it is implemented. From the U.S. Department of Labor's Fact Sheet #53 – The Health Care Industry and Hours Worked:

On-Call Time An employee who is required to remain on call on the employer's premises or so close to the premises that the employee cannot use the time effectively for his or her own purpose is considered working while on-call. An employee who is required to carry a cell phone, or a beeper, or who is allowed to leave a message where he or she can be reached is not working (in most cases) while on-call. Additional constraints on the employee's freedom could require this time to be compensated. See Regulations 29 CFR 785.17.[/Quote]

I apologize for not posting the link, but am unable to do so from my phone as it opens directly as a PDF file.

ETA: Updated link

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We get $2 per hour for being on call.

I'm not sure of the legality of not paying. I suspect that your hospital is using the "use the time effectively for his/her own purpose" as a way to wiggle out of paying anything. They think that by giving you a 1/2 hour to be there you can do other things. I couldn't even drive to work in 1/2 hour. Even if I was fully dressed and in the car when they called. We get an hour and that's tight for me.

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Specializes in Critical Care and ED.

My unit does this. If you get called off you have to call in 4 hours later and again 4 hours after that. You can get called in at any time but we don't get paid a cent for being on call. It can ruin your whole day because you can't go anywhere or do anything in case you have to go in. That's just wrong in my opinion. Either I'm on or I'm off. If you're not paying me why should I be waiting around?

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I agree. I would just ask if there's someone else who would like to be called off. I would rather just go in.

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