on-a-call-employment-law

Can My Employer Force Me To Be On Call?

Being an on-call employee has its positives and negatives. If you have few outside responsibilities and don’t want to stick to the same routine all the time, an on-call job is perfect for you. The positives include more freedom in your day to complete tasks, work on personal goals, take care of your pets, grocery shop and/or meal prep. As an on-call employee, you are still provided with a chance to sharpen your experience and highlight your value as an essential part of the team. The main advantage, however, is the potential of receiving compensation for being on-call without ever having to go into work.

 

In many instances, employers do not have the right to force you to be on call. Furthermore, if an employee is presented with on-call as an option, they have the right to refuse this offer if they’d like. Being on call is defined as being readily available to work when an employee contacts you. Employees may be required to serve in an on-call capacity to respond to an unforeseen circumstance or another work emergency. Assuming such circumstances will arise, the employee must then report to work. If a laborer works part-time but has also been added to the schedule for on-call duty, this worker may be called in again after the end of their regular scheduled shifts and before the beginning of their next scheduled shifts.

In order to be considered a working employee while on call, you must actually sign or clock into your place of employment and begin your shift. Typically, the duration of on-call availability is not compensable, only time spent working. However, there are certain factors that must be considered to establish other instances where you should be compensated. If you or someone you know has been forced to be on call or has not been paid properly as an on-call employee, reach out to speak with one of our skilled attorneys regarding your legal options.

Being an on-call employee has its positives and negatives. If you have few outside responsibilities and don’t want to stick to the same routine all the time, an on-call job is perfect for you. The positives include more freedom in your day to complete tasks, work on personal goals, take care of your pets, grocery shop and/or meal prep. As an on-call employee, you are still provided with a chance to sharpen your experience and highlight your value as an essential part of the team. The main advantage, however, is the potential of receiving compensation for being on-call without ever having to go to work.

 

In many instances, employers do not have the right to force you to be on call. Furthermore, if an employee is presented with on-call as an option, they have the right to refuse this offer if they’d like. Being on call is defined as being readily available to work when an employee contacts you. Employees may be required to serve in an on-call capacity to respond to an unforeseen circumstance or another work emergency. Assuming such circumstances will arise, the employee must then report to work. If a laborer works part-time but has also been added to the schedule for on-call duty, this worker may be called in again after the end of their regular scheduled shifts and before the beginning of their next scheduled shifts.

 

Employees that are stationed for on-call duty must leave a contact number where they can be reached. If an employer reaches out, employees have an allotted amount of time to report for work. According to federal law, you must be paid for hours worked and those hours depending on a variety of factors. Legal Information Institute concludes that an on-call employee who is required to remain on the employer’s property or within close proximity of it is in fact working while on call. The reasoning behind this legislation is that, given the circumstances, the employee cannot effectively use the time allotted to him for their own purposes. On the contrary, employees who are not required to remain on the organization’s premises but are solely needed to leave his home and notify company officials regarding where he may be reached are not working while on call.

 

Remaining on the property of your workplace or within close proximity of it can become taxing on employees. The great thing is you can be paid for your time if you are considered a restricted on-call worker. Based on the information presented by the Society for Human Resource Management, employees on restricted on-call duty will be paid according to the following:

 

  1. For time spent waiting for an authorized call to work.
  2. For time spent responding to an authorized call to work.

 

If you are a restricted on-call employee and you discover that you are not being paid for your time, reach out to one of our knowledgeable employment law attorneys today. There are certain rights that you are entitled to in compliance with both federal and state laws. Depending on a variety of circumstances, it may be perfectly fine for your employer not to pay you for your time. However, there are instances when it is illegal to withhold compensation. Our experienced employment attorneys can properly assess your situation and provide legal counsel on your best course of action.

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