On-Call Time: Are Employers Required to Pay?
On-call work is typically affiliated with doctors and nurses, but even retail workers and IT professionals may be required to be on-call some or most of the time. While on-call work is popular with roughly 26 million employees being impacted by on-call shifts, this style of work is not for everyone — as being on-call can impact an employee’s ability to make plans or other things with their freetime.
For this reason, many on-call employees feel that their employers should provide on-call pay. This expectation is justified, as many on-call employees are in a state of limbo and may mentally still be “on the clock” if they are waiting to be called in. While there is no universal answer regarding whether Ohio employees should receive pay for on-call time, this article from Hux Law Firm will explain the state and federal laws and circumstances which influence an employee’s ability to be paid for on-call time.
If you or someone you know is an on-call employee and you want to know if you’ll be paid for on-call hours, read on.
On-Call Compensation
Both federal and state wage laws determine whether an employer should provide on-call compensation — but Ohio’s minimum wage laws and the federal Fair Labor Standards Act (FLSA) only refer to time employees actually work while on-call. Compensation for employees who are not working but are on-call depends largely on the employee’s ability to use that on-call time for personal activities. If an employee is required to stay on or nearby business property, their ability to participate in personal activities are likely very limited. Alternatively, an employee who is not required to stay on property may find that their on-call time is non-compensable.
Contributing Factors
As mentioned above, one major contributing factor to whether an employee’s on-call time is compensable is whether the on-call employee is required to stay on their employer’s premises while on-call. Additionally, a few factors which contribute to on-call compensability include:
- Benefits the employer receives from on-call time
- Number of calls made to the employee while on-call
- Level of restriction of employee’s actions while on-call
- The employee’s ability to engage in personal activities for their own purposes
Decisions regarding on-call workers are very dependent on the facts and circumstances of individual cases, and the nature of different positions will likely impact the determination of whether that individual deserves on-call pay. Though a nurse may be able to enjoy their personal time while on-call, a court may still find that they deserve on-call pay as their job circumstances may limit their personal schedules or punish them for not being able to respond quickly.
Hux Law Firm Can Help
No two on-call situations are the same, and Hux Law Firm can help you determine if you are owed on-call pay — and help you navigate the wage violation claim process. If you feel that you are owed on-call pay by your employer, contact Hux Law Firm today by dialing (937) 315-1106 or completing our online contact form.
