U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Work and Employment
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 05-29-2009, 07:10 AM
 
9,856 posts, read 13,584,895 times
Reputation: 5453

Advertisements

I am in the same boat. I work a salaried 8-5 job and am on call 24/7 otherwise. I knew that when I signed up. If he doesn't like it, no one is stopping him from quitting. My salary is higher than someone who is not on call, so it evens out.
Reply With Quote Quick reply to this message

 
Old 05-29-2009, 07:31 AM
 
Location: Sacramento
13,797 posts, read 24,038,317 times
Reputation: 6270
Quote:
Originally Posted by Ultrarunner View Post
Thanks for the link... I forwarded it to him and he said he doesn't meet any of the requirements for exempt status.

One interesting note I found in reading the link is Registered Nurses not in a supervisory position are not exempt per CA law... regardless of pay... I guess the Nurses have a very strong lobbying group
Probably the case, they likely did some parsing of medical responsibilities to develop the exemption.

My own personal experience was in the database and systems operations areas. We had huge mainframe computers doing batch processing at different parts of the nighttime, and some of our employees were on 24/7 call for analysis and repair of aborted cycles. It was a job requirement, however we also provided laptop computers to those folks which were set up for our closed environment, making it far more likely they wouldn't need to physically come into the office during those inconvenient problem solving sessions.
Reply With Quote Quick reply to this message
 
Old 05-29-2009, 08:03 AM
 
26,590 posts, read 55,254,763 times
Reputation: 13031
Many I/T people are technically on 24/7 call, although usually there is a call list and if they can't get hold of one team member, they go to the next.

Some I/T places give each person a specific oncall timeframe, maybe one evening a week with revolving weekends.

I'd make an anonymous call to the state DOL to ask what the laws are in taht particular state for that particular job to get the real scoop.
Reply With Quote Quick reply to this message
 
Old 05-29-2009, 08:22 AM
 
48,516 posts, read 85,092,512 times
Reputation: 18083
Federal law controls mnagement emempt status but it also controls when they get overtime. It usually is after 48 hrs in a week.On call is a normal thing in many professions really like medical emergency;police etc.In fact most governamnt workers are considered emgency personell and are on call anytime. It doesn't mean however they always have to go if say they were drinking aliitte if they were not paid to be on call.When poaid for standby call out they must maintain tehmselves as to be able to report. Same goes for emergency essentail personell in situations like hurricanes they usually have to stay on duty with the local government while their families evacutate.
Reply With Quote Quick reply to this message
 
Old 05-29-2009, 01:36 PM
 
26,703 posts, read 53,341,997 times
Reputation: 20706
It's something I never thought much about...

My understanding Permanent 24/7 on call with mandatory 5 minute call back was not part of the job when he signed on...

It started last January due to staff reductions... prior to that it was shared with the Clinical Director and others... all of whom have retired or left with the position eliminated...

I asked him about vacation time and he said they made an exception and let him carry his time forward because they have a use it or stop accruing it policy... and he was prevented from using it last year due to the needs of the business...

In his case, several of his requests to take time off 90 days in advance were denied because of trouble finding replacement.

He is going to a family reunion in the summer for 2 weeks and the organization is bringing someone in from another sister facility outside the area...

I hope he never gets sick or injured and has to miss work.
Reply With Quote Quick reply to this message
 
Old 05-29-2009, 01:49 PM
 
26,703 posts, read 53,341,997 times
Reputation: 20706
Quote:
Originally Posted by hnsq View Post
I am in the same boat. I work a salaried 8-5 job and am on call 24/7 otherwise. I knew that when I signed up. If he doesn't like it, no one is stopping him from quitting. My salary is higher than someone who is not on call, so it evens out.
I agree if it is something agreed to when hired... and I did tell him he should look around... my employer shares these responsibilities, so everyone can have a free weekend or holiday.

Kind of Ironic that the Nurses either receive 50% on call pay... rarely or they receive a flat $100 if they need to be available to come in if a schedule case might run long... The $100 is looked upon as insurance and less expensive than having someone report and then sending them home.

The big difference is that everyone subject to On Call by his employer have the right to decline being placed On Call... in other words it is at the employee's option... except him.

I wonder what would happen if the facility guy had been celebrating with a few drinks and then was called in. Company policy is not detailed and makes no reference to drinking other than to say if You Choose to Accept On Call Status you must be physically and geographically able to respond...

The big difference as I see it is that he cannot refuse and therefore has no choice... Maybe the job description should be revised to state Consumption of Alcohol Prohibited as a condition of employment?
Reply With Quote Quick reply to this message
 
Old 06-09-2009, 07:05 PM
 
1 posts, read 20,842 times
Reputation: 11
i too am on call 24 hours a day..i transport train crews so i have to be within 30 mintutes of the train yard to pick a crew up. dispatch calls me and i get in my company van and drive to where the crew is...with as little as 30 minutes from the time of the call to be there to pick the crew up. im not allowed to use the van for personel use. so i cant even start a load of laundry at the laundry room because i never know when i will be called..i take my phone to the bathroom with me so i dont miss the call...i dont get paid for being on call....i only get paid by the mile when im driving the van .i work 5 days a week on call 24 hours each day...
Reply With Quote Quick reply to this message
 
Old 05-28-2013, 12:31 PM
 
3,492 posts, read 5,059,012 times
Reputation: 5385
Quitting WILL mean losing unemployment. Saying he is going in and then taking 2 to 3 hours to get there until they get fed up and fire him will not forfeit unemployment. So long as he claims he was doing his best to get there the burden of proof for justification will fall on the employer, and it is a case they can very rarely win if the employee is willing to appeal if they meet a dumb*** at the first level of the hearing process.

I had a friend who got denied unemployment when he was due to get it. The low level grunt agreed with the company. I told him to appeal, he got right in there and fought for his right. The decision was immediately reversed at the next level and he obtained benefits for previous weeks that were withheld because of the bad decision.

PS. Just realized this thread was several years old. Sorry about the Necro.
Reply With Quote Quick reply to this message
 
Old 05-10-2014, 03:30 PM
 
1 posts, read 14,125 times
Reputation: 13
I work for a non-medical home care co. as a client service manager. Basically, i'm a glorified scheduler for the CNA's. I don't actually manage, train, hire or fire. In my offer letter it states that I may have to work an "occasional" weekend or evening. After accepting the job it turns out that i'm "on call" 24/7. I am responsible for filling shifts on the weekends if someone calls out. I also have to respond to all the computer alerts that get sent to the company cell phones when an employee dosent clock in on time. That means that an alert gets sent from the system to my work cell, I have to call the emolyee either on their cell or at the clients home, tell them to clock in and enter what happened on the system using my laptop. On several occasions i've had to spend hours trying to find relief staff due to emergencie. My boss thinks that because he has me listed as exempt he doesn't have to pay for this. He also has no policy in place for being "on call".

Kathleen
Reply With Quote Quick reply to this message
 
Old 03-19-2017, 04:01 PM
 
12 posts, read 43,397 times
Reputation: 23
How about an administrative employee who's told that they have to be on call 24 hours a day. That if the phone rings after 9 pm it is "expected" that the call will be answered and dealt with. Doesn't seem legal to require it of a non-exempt employee.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Work and Employment
Follow City-Data.com founder on our Forum or

All times are GMT -6.

© 2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top