What is the name of your state (only U.S. law)? OH
I work for a Home Healthcare Agency as a Staffing Coordinator currently going on my 3rd year. I am a non exempt employee paid at $16.50 per hour. I participate in the weekly on call rotation with another co-worker. When on call I start Thursday at 5p.m. and ends on Thursday at 8:30 a.m. When on call during the week I was compensated at $30 per day and on the weekends/holiday at $75 per day.
I averaged anywhere from 15-25 calls per day while on call. My paycheck for working as a staffing coordinator was paid bi-weekly, however, my on call check is paid weekly not included with my regular pay.
I reviewed the DOL website and find the information to be a little confusing. As working in healthcare I fall under “Engaged to wait” as I received ALL calls to the company from clients regarding emergencies where I would have to get detail information follow-up with a RN and my Clinical Manager as well as back with the patients. I also take intake calls (patients being discharged from the hospital) where I would have to get there diagnosis and call around to find a RN to evaluate the patient for home care and handle call offs while calling around to find replacement staff.
I am restricted from an active lifestyle while on call because I have to be and a environment where it is free from noise, able to discuss confidential information without violating HIPPA as I have to carry around patients confidential information i.e. (Medicaid/Medicare Billing information, DOB, SSN, Name and Address) and addition I have to carry around employee information that contain their personal and confidential information.
My questions are is being a nonexempt employee who is paid a flat rate of either $30 or $75 does that cover FLSA regulation as providing compensation for a nonexempt employee while working?
Should my on-call pay be included with my regular pay I receive? Or should it be calculated at OT given I worked 40 regular hours in a given week?
From my understanding of FLSA nonexempt employees must be paid at minimum wage or higher for all time the employee is responding to calls. Does this mean actually talking on the phone or waiting to be called?
During the week I am on call 16.5 hours per day during the week from 5p.m. until 8:30 a.m. when the office opens and weekends 24 hours, which totals 106.5 hours a week being on call.
(Side note) while on call I have to use my personal cell phone as the company does not provide a cell phone for use. All calls are forwarded to my personal cell phone . Another restriction place on me from the use of MY personal cell phone.
I work for a Home Healthcare Agency as a Staffing Coordinator currently going on my 3rd year. I am a non exempt employee paid at $16.50 per hour. I participate in the weekly on call rotation with another co-worker. When on call I start Thursday at 5p.m. and ends on Thursday at 8:30 a.m. When on call during the week I was compensated at $30 per day and on the weekends/holiday at $75 per day.
I averaged anywhere from 15-25 calls per day while on call. My paycheck for working as a staffing coordinator was paid bi-weekly, however, my on call check is paid weekly not included with my regular pay.
I reviewed the DOL website and find the information to be a little confusing. As working in healthcare I fall under “Engaged to wait” as I received ALL calls to the company from clients regarding emergencies where I would have to get detail information follow-up with a RN and my Clinical Manager as well as back with the patients. I also take intake calls (patients being discharged from the hospital) where I would have to get there diagnosis and call around to find a RN to evaluate the patient for home care and handle call offs while calling around to find replacement staff.
I am restricted from an active lifestyle while on call because I have to be and a environment where it is free from noise, able to discuss confidential information without violating HIPPA as I have to carry around patients confidential information i.e. (Medicaid/Medicare Billing information, DOB, SSN, Name and Address) and addition I have to carry around employee information that contain their personal and confidential information.
My questions are is being a nonexempt employee who is paid a flat rate of either $30 or $75 does that cover FLSA regulation as providing compensation for a nonexempt employee while working?
Should my on-call pay be included with my regular pay I receive? Or should it be calculated at OT given I worked 40 regular hours in a given week?
From my understanding of FLSA nonexempt employees must be paid at minimum wage or higher for all time the employee is responding to calls. Does this mean actually talking on the phone or waiting to be called?
During the week I am on call 16.5 hours per day during the week from 5p.m. until 8:30 a.m. when the office opens and weekends 24 hours, which totals 106.5 hours a week being on call.
(Side note) while on call I have to use my personal cell phone as the company does not provide a cell phone for use. All calls are forwarded to my personal cell phone . Another restriction place on me from the use of MY personal cell phone.