QUESTION

Does an employer have to pay for on call hours if you live on premise, i.e. managing a motel where office is attached to home and must be open?

Asked on Apr 27th, 2012 on Labor and Employment - Kentucky
More details to this question:
The office must be open certain hours of the day and night, and although the home is attached to the office, the employees are required to be available to motel guests during said hours and cannot leave the premises unattended. The on call hours are spent doing a variety of things, including the employee''s personal tasks in addition to completing any tasks required by motel guests, i.e. performing maintenance, providing items or checking walk in guests into the motel rooms. However, the employees cannot leave the residence to attend to personal business outside the home during on-call hours. The employees are also on call after the office closes, and must be able to be reached via phone by guests 24/7, 6 days of the week. Is it required by law that some or all of these on call hours must be compensated?
Report Abuse

1 ANSWER

Alternative Dispute Resolution Attorney serving Charleston, WV at Robinson & McElwee PLLC
Update Your Profile
Whether "on call" time must be paid requires a detailed analysis of each situation, and even though you provided a good deal of information, I can't give you a direct answer regarding whether the "on call" time must be paid.  I can, however, give you some general rules. Under the law, employees must be paid for all "time worked."  If the employee is an "exempt" employee (one who is not entitled to overtime compensation), their salary covers all "time worked."  For hourly employees "time worked" can include "on call" time in certain circumstances.  Whether the "on call" time is considered "time worked" generally depends on whether the employee is "engaged to wait" or "waiting to be engaged."  If the employee is on premises, waiting to perform work which may be needed while they are at the work site, they may well be "engaged to wait."  If, however, the employee is allowed to perform personal tasks and go about his personal business until his/her employer calls him/her, the employee is more likely "waiting to be engaged."  Employees who are "engaged to wait" may be entitled to have their time considered "time worked" (and therefore be entitled to overtime compensation) while those who are "waiting to be engaged" are less likely to be entitled to overtime pay during the "on call" period. Though you do not provide sufficient information for me to make any judgment as to whether employees "on call" at the hotel are entitled to overtime, I think the fact the employee is required to stay "on site" so as to be immediately available to assist guests with maintenance problems or other issues may indicate the time spent is time "engaged to wait" and therefore "time worked" for overtime purposes. 
Answered on May 01st, 2012 at 9:34 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters