Being "on-call" can be annoying and really limit what you are able to do outside of work. And so when is your employer required to pay you for fourth dimension spent on-phone call?  The reply, equally with many wage and hour questions is that it depends on the specific circumstances of your situations. Our overtime attorneys in Columbus, Ohio lay out the factors that are considered in making the conclusion of whether On-Call time is piece of work time for which yous should be paid.

When should my employer be paying me for "on call" time?

This is a wage and hour question that is governed past the Fair Labor Standards Act (FLSA) and your state laws. In Ohio, the state laws are the aforementioned the federal FLSA.  A failure to pay on-call time could effect in a claim for unpaid overtime and/or minimum wage.  All actual work performed while "on-call" must always be paid.

An employer is required to pay employees for all time spent performing compensable work.  The question of whether an employee is performing compensable work during on-phone call time depends on the degree to which the employee may apply the time for personal activities.  To analyze this, we must await at whether an employee'southward on-phone call time is spent predominantly for theemployer'southward or theemployee'due south benefit.

An employee who is required to remain on-phone call on the employer's premises or very close to the bounds such that he or she cannot use his or her time effectively for his or her own purpose is "working" while on-telephone call and this fourth dimension must be compensated.  If, nevertheless, the employee is not required to remain on the employer's premises and is just required to be reachable, he or she is not working while on call.

In making this conclusion, courts have weighed several factors to assist in determining whether an employees' time "on call" is spent predominantly for the employer's or the employee's benefit, including:

(one) the frequency of the calls to the on-telephone call employee;

(two) geographical restrictions on the employee's movements;

(3) the restrictiveness of fixed fourth dimension limits for response;

(4) the threat of discipline in the consequence of a late or no response from the on-call employee;

(5) the on-call employee's ability to merchandise his responsibilities with another employee;

(six) the on-call employee's actual pursuit of or engagement in personal activities; and

(7) the do good of the on-call fourth dimension to the employer.

Examples:

Weighing these factors, one federal court found that in spite of firefighters' participation in social activities, sports, and other events with family and friends while on call, the on-phone call time was compensable because the frequency of calls (boilerplate of 3 to five calls per day), significantly restricted their personal schedules to the benefit of the employer and because the firefighters were required to report within twenty minutes of the telephone call, and could be subject to subject area for not answering.

On the other hand, another federal court found that turnpike employees' on-call fourth dimension was not compensable because the employees could vesture a beeper during their on-telephone call duty or go out word where they could be located while going about their personal activities, and therefore, they were non significantly restricted by on-call policies.

Each situation is different, and a thorough review of the facts may be required to determine if your on-call time is compensable.  If y'all believe that you are non being properly compensated for on-phone call time or accept other questions about your wages or employment, please reach out for a gratuitous consultation by submitting your information on our website or giving your unpaid wage attorney a telephone call.  You tin besides find information on the Section of Labor website.

Mansell Law

Overtime and Unpaid Wage Attorneys Columbus Ohio

Employment Lawyers – For the Employee

1457 S High St, Columbus, OH 43207