on-call Time
HRinGA
412 Posts
I've searched online already, but not sure my question is answered.
One of my reporters has been questioning the "on-call" status when a reporter has to listen to the police scanner over the weekend in case of accidents, wrecks, fire, etc.
The way things work now is the reporter is on-call and not on the clock unless he hears about an incident and goes to investigate — then the pay-clock starts.
However, one of my subordinates says there should be some compensation for merely listening to the scanner, because it "ties one to the county" since they can't travel out of the range of the local police, emergency channels (i.e. the county) so limits one's activities over the weekend. This is for one of our more rural papers that only prints weekly. All information I have found leads me to believe we would not pay this. Yes, he is tied to the county, but here is some other information I have found:
-Since compensation depends on whether they can use the on-call time for personal pursuits, the fact that they actually engaged in personal activities is a significant consideration for the courts.
-if employees aren't tethered to their homes or your premises awaiting a call to duty, they have greater freedom to pursue personal activities while on call, and the time is less likely to be compensable. However,
-When forest rangers had to remain within 50 miles of the workplace while on call, for example, a court ruled that the restriction was one factor in determining that the on-call time must be compensated. Another court, however, has held that police officers who were required to stay within the city limits when on call weren't entitled to compensation for the on-call time.
Another factor is that the employee isn't required to report to the scene unless it is deemed "newsworthy".
So which is it??
One of my reporters has been questioning the "on-call" status when a reporter has to listen to the police scanner over the weekend in case of accidents, wrecks, fire, etc.
The way things work now is the reporter is on-call and not on the clock unless he hears about an incident and goes to investigate — then the pay-clock starts.
However, one of my subordinates says there should be some compensation for merely listening to the scanner, because it "ties one to the county" since they can't travel out of the range of the local police, emergency channels (i.e. the county) so limits one's activities over the weekend. This is for one of our more rural papers that only prints weekly. All information I have found leads me to believe we would not pay this. Yes, he is tied to the county, but here is some other information I have found:
-Since compensation depends on whether they can use the on-call time for personal pursuits, the fact that they actually engaged in personal activities is a significant consideration for the courts.
-if employees aren't tethered to their homes or your premises awaiting a call to duty, they have greater freedom to pursue personal activities while on call, and the time is less likely to be compensable. However,
-When forest rangers had to remain within 50 miles of the workplace while on call, for example, a court ruled that the restriction was one factor in determining that the on-call time must be compensated. Another court, however, has held that police officers who were required to stay within the city limits when on call weren't entitled to compensation for the on-call time.
Another factor is that the employee isn't required to report to the scene unless it is deemed "newsworthy".
So which is it??
Comments
I think that will be ultimate factor...at least according to our legal counsel.
This comes back to the old 'waiting to be engaged or engaged to wait' idea. Since the employee can do most things (but not go to the movies for instance), the compensation can be minimal. I would definitely compensate them.
You might also call some similar businesses (not competitors) located in other parts of the country and see how they handle it.
Good luck!
Nae
We don't have a formal on-call policy that addresses the additional compensation that should be given. Is there a magic formula out there? How do you all compensate for on-call status?
Could we give a lump sum for being on call that weekend? They would then get OT if actually called to report if over 40 for the week.
With respect to overtime, unless the EE is otherwise exempt, you'll need to count these hours towards the 40-hour weekly threshhold. This applies even if you pay on a salary basis. Unless exempt, you'll still need to pay OT--the math just gets a little more complicated with a salaried non-exempt EE.
First post, just wanted to see how this works.
Good point about being exempt, which would allow HRinGA to work him around the clock. I was exempt in my last job as a reporter.
The FLSA regs mention journalist as a position that could be exempt as a creative professional. But working for a rural weekly newspaper, I'm not sure he'd meet the salary requirement of $455 per week.
29 C.F.R. § 541.302
James Sokolowski
HRhero.com
However, there shouldn't be any grey area when it comes to compensating "exempt " employees. Being "on-call" should be part of their job description. Every HR Director/Practitioner that I know is always "on-call" for accidents, union strikes, security problems, etc. I don't get any extra pay if I come in on a Saturday to interview a special applicant or at 9 PM to handle an accident, or at 2 AM to handle a chemical leak, etc.
What am I missing?
Many professionals are expected to come in for various duties. How often they are called and other things play a factor. Doctors in a practice, for instance, may receive on-call pay for those days/nights they take a turn. In such a situation they are much more likely to be needed and have to drop everything. They must carry a beeper (or other device), make sure they do not drink, etc., etc., so they are ready and able.
It really depends on the situation, but most exempt employees should consider being called in for emergencies as part of the job.
Just my 2 cents.
Nae