QUESTION

If you work 40 hours during the week and you are on call anything over 40 hours should be time and a half, correct?

Asked on Jun 07th, 2018 on Labor and Employment - Georgia
More details to this question:
They are trying to say on call pay is different than overtime. It pays less. But anything over 40 hours should be time and a half. I do not understand why they are doing this.
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1 ANSWER

Labor and Employment Attorney serving Atlanta, GA
2 Awards
"ON CALL" PAY is a little more complicated than regular time. If you are a non-exempt employee and you actually work more than 40 hours for an employer covered by the FLSA, then you are entitled to overtime premium (150% of your regular hourly rate of pay) for all of the time you work after 40 hours. "On call" time is not companeable unless the circumstances or requirements of the on-call time severely restrict your ability to use the on-call time for your own purposes away from the workplace. But otherwise, if you are not called in to work, you are not entitled to be any pay for the "on call" time. 
Answered on Jun 08th, 2018 at 12:07 PM

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