QUESTION
Compensation for hourly on call workers
Asked on Dec 16th, 2016 on Labor and Employment - Georgia
More details to this question:
Our on call mechanics work day shift, M-F, 7:30- 4pm. After 4 they use their home or personal cell phone to receive emergency call outs. Management is currently drafting a policy that requires on call workers to answer the call within 10 minutes, before the company deems them unavailable, and moves to the next person on call. When someone does not answer their call during the 10 minute window, an "occurrence" is then recorded on the employee. The "occurrence" is not defined in the policy as of what it is, and how many of them will lead to discipline. When a worker is called in, they are paid a minimum of 4 hrs. of time and a half, and all hours after 4 are time and a half. In a lot of cases, the worker cannot report for work duties the next day and make their regular 8 hours. Should they be paid for time waiting, since there is a 10 minute response window that could lead to discipline?
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
With a policy that requires you to answer the call within 10 minutes your use of your on-call time for your own purposes is very limited. They may be required to pay you for your on call time. Keep track of all the time you are placed on-call. After a few months you should have enough time accumulated so that if they have failed to pay you for the on-call time, they will owe you 2 times the amount they should have paid you. They will also have to pay your attorneys fees.
We handle cases like this all the time, and under the law, if we win the employer has to pay us not the employee. We take these cases on a contingent basis.
Michael A. Caldwell
404-979-3154
Answered on Dec 28th, 2016 at 4:07 PM