Unpaid on call shifts

[jblaze424]

What is the name of your state? ILLINOIS

I work in a restaurant. We have what are considered on call shifts. We typically get scheduled for 2-4 a week. For pm on call shifts, we are required to call in at 11am the same day to see if they need us for that night. Because of the on call shifts, it is difficult to make plans as we are unsure if we have to start at 330pm until 11am the same day. We do not get paid for calling in but it is mandatory to call at this time. While I don't typically have an issue calling in, lately we have been getting written up for failing to do so if we are busy at this time and are being threatened with termination. My question is, if we are required to set aside time for work, should we also be paid for that half hour/hour? I realize the call doesn't take that long but we cannot schedule doctors appointments or anything during these times and are expected to be available. Thank you.

 

[LdiJ]

What is the name of your state? ILLINOIS

I work in a restaurant. We have what are considered on call shifts. We typically get scheduled for 2-4 a week. For pm on call shifts, we are required to call in at 11am the same day to see if they need us for that night. Because of the on call shifts, it is difficult to make plans as we are unsure if we have to start at 330pm until 11am the same day. We do not get paid for calling in but it is mandatory to call at this time. While I don't typically have an issue calling in, lately we have been getting written up for failing to do so if we are busy at this time and are being threatened with termination. My question is, if we are required to set aside time for work, should we also be paid for that half hour/hour? I realize the call doesn't take that long but we cannot schedule doctors appointments or anything during these times and are expected to be available. Thank you.

The simple solution to that is to find another job. That sort of on call arrangement is not normal and it is highly unlikely that any other restaurant would operate that way.

 

[jblaze424]

The simple solution to that is to find another job. That sort of on call arrangement is not normal and it is highly unlikely that any other restaurant would operate that way.

I appreciate the response but my question was is it legal for them to make us basically work for free, giving up a day for no pay wondering if we are working or not. I'm assuming the answer is no but I'm looking for some legal background here. This isn't an easy job to give up. Not only is it not hiring season for the next 4 months, but it's a fairly decent paying job when we are working.

 

[LdiJ]

I appreciate the response but my question was is it legal for them to make us basically work for free, giving up a day for no pay wondering if we are working or not. I'm assuming the answer is no but I'm looking for some legal background here. This isn't an easy job to give up. Not only is it not hiring season for the next 4 months, but it's a fairly decent paying job when we are working.

Illegal is really the wrong word to use in this instance. The better question is "is it in violation of labor laws"?. The answer to that is maybe. "On call" is an accepted practice in many industries. Generally, when someone is on call they are not compensated unless they actually contacted and told to work. In your case they are requiring you to call in, so that adds a layer of complication.

However, what you do not realize is that even if you are able to tell your employer that it is illegal or in violation of labor laws it is not going to change anything. Your employer is still going to require it and would likely terminate you for being a troublemaker in their eyes. They will come up with some other reason for firing you, but the end result is that you will still be out of a job. The only way that they will stop is if some outside authority forces them to do so (or they do it voluntarily because they can no longer keep staff having that policy). That would likely be the state Department of Labor. So, the state Department of Labor would have to feel that it was a violation and that the situation was serious enough to use manpower to deal with it. Now, since the employer is probably doing it for economic reasons, (ie to keep from having to overstaff) if they are forced to stop then they will have to rearrange their budget, which may effect how much they pay their staff or may even effect whether or not they can stay in business.

There are a lot of ifs here. In a best case scenario there might be some change six months to a year down the road but that change might not be all positive for the employees. In a worst case scenario you may be out of a job one way or another.

If you still feel strongly about it then contact your state department of labor and take it from there. Otherwise, look for a better job. However it isn't going to get resolved in the next 4 months even if you do contact your state department of labor.

 

[adjusterjack]

This isn't an easy job to give up. Not only is it not hiring season for the next 4 months, but it's a fairly decent paying job when we are working.

Then you take what the employer dishes out unless you want to risk getting fired.

That being said, the following site has a summary of IL on-call requirements.

Illinois On-Call, Waiting, Travel, Full-Time And Part-Time Pay Laws (employmentlawhandbook.com)

The state Labor department has links to laws that you can look up:

Minimum Wage Law - Fair Labor Standards Division (illinois.gov)

Or, last resort, call up the department and ask. Then you can decide if it's worth filling a complaint and risking the consequences in post number 4.

 

[cbg]

If you really, really, really wanted to make a pest of yourself and paint a target on your back, you could probably make a case for being paid for the phone call. But if you do not have to come in, you do not have to be paid for the shift you did not work, even if you couldn't make any plans for the day up front.

 

[Bali Hai Again]

Our union staff are paid $3/hr when on call and they better answer that call and be fit to work when called. I was on call 24/7/365 at ALL times and was never paid a nickel when called or responded to work.

 

[Zigner]

https://www.illinoislegalaid.org/legal-information/what-are-my-rights-my-work-schedule-chicago

What rights do covered workers have?
Schedule changes
Employers must give workers estimated days and hours of work upon employment.

Your employer must give you 10 days notice of your actual work schedule. You have the right to decline previously unscheduled hours without 10 days notice. This will increase to 14 days in 2022.

If you do agree to a shift change with less notice, you get one hour of Predictability Pay. . Predictability Pay is the regular wage you earn.

If your employer cancels a whole shift within 24 hours of the start of the shift, you get half of what you would have made if you worked.