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On Call Pay vs Time Worked Pay

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fburke

Member
What is the name of your state Massachusetts


My wife works in the Nursing world; she is a supervisor but paid Hourly non union, her posistion is not concidered management.

Part of her job duties is to take an on call Rotation every 4th week she needs to be available 24 hours a day for 7 days for phone calles and to possiabley have to go in to her work place if needed.

For being on call she gets about $30.00 a day.

During the week most of her calls are handled over the phone handling call outs and small issues that arise. Once in a while she will have to go in to cover a shift if no one is available.

Most calls take about 15 min to a half hour. However over the course of the week this can add up to 5 or 6 hours sometimes even more.

The question is this time spent on the phone handling work issues is this “Time Worked”, and should it be paid at her hourly rate + time in a half ?

Right now the only pay they receive is the “On call pay”…and only receive their hourly rate if they actually go in and punch in.

I also take a call rotation in a technical field. I get an “on call pay” which is a little more generous, I know On call pay isn’t required by law. However once my pager goes off or my phone rings I am "on the clock"…and I get a 3 hour minimum at my rate +time in a half rounded up to the 1/4 hour.

I always thought that the On Call Pay was only for the inconvieance of having to be available locally to your work area not able to have a drink with friends at the Sunday BBQ ect or go to your cousins wedding that is 100 miles away.

Just wondering if this is just my company policy vs hers or is her company violating any Labor Laws?

Thank you
 
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cbg

I'm a Northern Girl
If she is getting paid simply for being on call, that is time she is being paid for that she is not legally owed. She may be owed it by contract, but not by law.

ONLY time actually worked has to be paid, and ONLY time actually worked counts towards overtime.
 

fburke

Member
If she is getting paid simply for being on call, that is time she is being paid for that she is not legally owed. She may be owed it by contract, but not by law.

ONLY time actually worked has to be paid, and ONLY time actually worked counts towards overtime.


I agree with this..however once her phone rings and she is making buisness calls...is this concidered time worked?....
 

cbg

I'm a Northern Girl
Yes, that is time worked. But ONLY the time on the phone is time worked.

ETA: obviously, if she is called in to cover a shift, that is time worked as well.
 

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