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On call, no compensation

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weisaj

Guest
What is the name of your state? Missouri

My employer requires me to be on call and available, within 15 minutes, on weekends/days off (weekends rotated among a couple other employees).
I do not receive any form of compensation (pay, comp. time, etc), and I've been informed I cannot do so much as visit my parents 90 miles away as it is too far to respond within the 15 minute rule.
This also applies to other things; going to the lake, camping, or anything a person might normally do on his/her time off.
Being "on call" is not really a big issue with me, however, not being compensated in any form or fashion while I'm required to bascially sit around the house on my days off doesn't seem right.
Is this sort of thing lawful under FSLA or anything else?
 


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weisaj

Guest
I am paid on salary, with compensatory time being applied for over time
 

Beth3

Senior Member
That doesn't really answer the question as non-exempt employes may be paid on a salaried basis. Compensatory time off in lieu of OT pay is prohibted for non-exempt employees unless it's done in the same work week, so let's assume you are exempt.

There are no circumstances under which an exempt employee must be paid for their OT, for their on-call time, or even offered comp time. The bottom line is that as an exempt employee, you are not entitled to any compensation for your on call time but you are free to look for other employment if you don't care for the terms or restrictions of your current position.
 
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weisaj

Guest
I am classified as Non-exempt. I just checked.
We do not get paid over time at all.
Any OT we accrue is given back as comp time.
At one point, I had 1200 hours OT
 

Beth3

Senior Member
Sorry but I'll have to bow out. The reg's for employment in the public sector regarding pay are very different than the laws which apply to the private sector - such as the abilty for the employer to mandate comp time in lieu of OT pay, which simply is not allowed in the private sector.
 

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