On Call

DMB

I recently researched the HR hero web site regarding on call time in order to create a policy. I reviewed the sample policy that is posted and have concerns that either it is incorrect or I would like some further explanation. In the sample on call policy that is posted it states that on call time will not be compensated for simply answering questions or giving instructions while at home. My company issues non-exempt employees cellular telephones to answer emergency calls are a very rare basis. I have since spoken to the Federal Wage & Hour office and they state that if an employee answers a call while at home regardless of retrictions, the employer must pay the employee for the actual call time even if it does not require the employee to report to the work premises.

Shadowfax

[font size="1" color="#FF0000"]LAST EDITED ON 03-09-05 AT 02:01PM (CST)[/font][br][br]You are confusing 'on call' with actually working. The 'on call' part is an employee waiting to be engaged and the rules about when or how to pay depend a great deal on how restricted the ee is from doing other things while waiting. There is also another aspect of on call which is 'engaged to wait'. In this situation the ee is actually on the clock. But for your purposes, once the ee is called and is answering questions for the benefit of the er, he is actually working and subject to being paid.

We had some discussion similar to this a couple of weeks ago, I think it was SARA88 - wages or something like that. You might check that thread and have a better idea of where you are headed.

DMB

It is your sample policy that has me confused. Could you please clarify this statement "The Author's Note: The purpose of call time is to compensate non-exempt employees who are asked to return to work to handle emergency situations. This will usually affect employees in maintenance and/or information services. In order to receive payment for call time, the employee must have returned to the work site. Call time payments should not be authorized for employees who are called at home simply to answer a question or to give instructions."

This makes it sound as if when my employee answers the phone simply to answer a question or give instruction that I am not required to compensate them. If that is inaccurate as you stated previously then maybe it should be removed.

marc

Welcome to the forum, DMB.

Just to clarify, Shadowfax is unlikely the author of the sample policy posted on the web. He is one of those practicing professionals that participates on this forum when he is not pretending to be Will Rogers.

So don't hold him accountable for the sample policy - that honor belongs to M. Lee Smith and it's employees.

Perhaps one of them will defend the policy and it's language.

Don D

I don't know......Shadowfax is blamed for a whole lot of stuff that goes errant here on the Forum; so, why not this?

Shadowfax

[font size="1" color="#FF0000"]LAST EDITED ON 03-11-05 AT 07:33AM (CST)[/font][br][br]Thanks for all the support fellas! I havn't taken the time to look at the sample, but I would be concerned if it says what you say (not with you - but with the policy). 'On call' to me, means just that, waiting to be engaged: paying a flat rate like $15 to be on call for 24 hours, or $1 per hour for all hours on call, providing the ee is not too restricted to go and do things he wishes to do, which is a fact specific determination. Once the 'on call'ee is called and actually performs work for the er, he should be on the clock. Now, if the call takes 30 seconds and the response is "look in the cabinet under the sink" then maybe that is innocuous enough to not pay additional, but you may have to prove that to wage and hour satisfaction. But if the call for advice or consultation takes more than a few minutes - and is for the benefit of the er - then I think he is on the clock and should be paid, and I would be uncomfortable with a policy that left the determination of whether the work was sufficient enough or not to a payroll clerk. Better policy: if the ee is called, he gets paid for the 10 or 15 minutes it takes. Obviously, if the ee has to come in, he is on the clock. If the ee is sufficiently restricted from spending his time as his own, then he is not on call but is 'engaged to wait' and is actually on the clock. I guess we'll wait to hear Smith's analysis. I still havn't hear back on the issue of a couple of weeks ago about the '15 minute break'.
So sue me! I'm just a strugglin thespian! Welcome to the most helpful and good time chat room in the country!

("Wages - Sara88")

Don D

Who is Sara.

Thespian!? All this time I thought you were a man!

seeleyhr

Went through a wage and hour audit. Got sited for not paying employees on call even though we gave them pagers, gave them an extra stipend per hour, etc.

We came up with a form where they have to write down the actual time they are on the phone and with whom. At the end of the week, we add this to their regular time and pay them for their actual time on the phone. You do not have to pay them while they are waiting for someone to call back as they are free to do other things. If the employee goes out, they are reimbursed time and one half or two hours of straight time whichever is more.

Hope this helps.

System

Welcome to the Forum, DMB!

Our sample policies were written by Margaret Morford, an attorney / HR consultant. I'm not exactly sure what she meant, so I left her a message. We'll let you know when we know more.

Does this mean we have to pay her for answering this question? x:-/

James Sokolowski
HRhero.com

System

Here's Margaret's updated policy:

Compensation: Call Time

[font color="red"]AUTHOR’S NOTE: The purpose of call time is to compensate [u]non-exempt[/u] employees who are asked to return to work to handle emergency situations. These will usually affect employees in maintenance and/or information services. In order to receive payment for the four-hour minimum, this policy requires that the employee return to the work site. Non-exempt employees should not be paid the four-hour minimum if they are called at home simply to answer a question or to give instructions. They should simply be paid for the time spent on the telephone.[/font]

[b]CALL TIME[/b]

Due to nature of the business, nonexempt employees are occasionally required to respond to business needs outside of normal business hours. Therefore, if nonexempt employees are called in to work outside of their normal workday, they will be paid for a minimum of four hours work or for the amount of time worked, whichever is greater. [font color="red"][NOTE: This allows employers to call employees in early without having to pay for an additional four hours call time.][/font] If nonexempt employees are called at home to answer a question or to give additional instructions, they will be paid for the time spent on the telephone only.

[center]
[font color="red"]Policy provided by:
Margaret Morford, President, theHRedge, Inc.
[email]mmorford@mleesmith.com[/email] [/font]
[/center]

pork1

I agree; everyone give a cheer to M. L. Smith, and especially, Margaret and thanks James for your letting us know that you too are still there.

PORK

Shadowfax

Write the check James! Of course, hi-flyin, sky-divin Margaret is correct - as is the policy. Just a note to the original poster: the 4 hour min Margaret speaks of is NOT a statutory requirement, but a policy decision - you could just as well pay the ee for actual time worked when he returns to the work-site - but you may have trouble keeping ees or getting them to respond when you need them.
Jumped out of any perfectly good airplanes lately MM?