QUESTION

i work at applebees as a line cook i been there for 10 moths and 6 months ago theey adopted a program called on call am i saposed to get paid that

Asked on Jul 28th, 2012 on Labor and Employment - Ohio
More details to this question:
they said i have to call them and hour ahead of time and im not to make any plans incase they need me to come in they started this program 6 months ago but i''ve been there for 10 months now and now there making this an issue because i wanted to transfer to a diffrent store thats more convient to me because im 4 city''s over from my job they told me i wouldnt be paid for on-calls and im not to make any kind of plans because if they call i have to come in or its a no call no show now for the past 6 months they havent given me a proble untill now because i have a wife and 4 children with one car and my wife goes to college they schedule me on call on my days off and my days off they know she''s in school all day and im home so theres someone home with our kids im trying to find out if what there doing is illegal with this on-call
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1 ANSWER

Labor and Employment Attorney serving Atlanta, GA
2 Awards
The question of on-call time compensation often comes up. Generally if you can use the time that you are "on call" for your own purposes generally (even if they restrict you by, for example, telling you you can't drink alcohol when you are on call) , the time is not compensable (meaning they don't have to pay you for it). In determining this issue the wage hour investigators look to the reporting requirements: Do you have to remain in a certain location , such as in your house, to await to receive the call? If so the time would be compensable. If however they allow you to use a cell phone number and provide you with a reasonable period to report (and generally, a hour would be considered reasonable) this would not be so great a restriction that the on-call time would become compensable. One thing though: When you are in-call and get called to come into work, the time that is compensable begins when you leave your house after receiving the call-in, and it ends when you return to your house after the call-in. You should consult with a local Ohio attorney about any State wage hour laws that may be more beneficial to you than the federal law.   Michael A. Caldwell 404-979-3150
Answered on Jul 30th, 2012 at 11:04 AM

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