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LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 35390
Experience:  30 years legal experience and I keep current in Employment Law through regular continuing education.
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Hawaii on call hours.: a registered nurse has a summer

Customer Question

Hawaii on call hours.
Hello: a registered nurse has a summer camp job. Only works 3 hours a day but she's on call with NO PAY for 18 hours a day with the expectation that she has 20 mins to be at camp if called. She was called in after hours (called back pay) and saw kid and was done in 15 mins. She wrote 15 mins on time card. I told my mom, so u made $10 to rush out uniform on, leave hot dinner, drive there, see patient and drive back and made $10....are u serious! I said doesn't pay start once they call u at least? She said, I don't think so I think it's just time I'm actually seeing patient at camp but nobody exactly told me.
Question: is my mom entitled to at least a minimum number hours per call back? Should pay start once she get phone call to cone in? Should her on call hours be paid?
Submitted: 1 year ago.
Category: Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning and Aloha,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Does your mother reside within*****of the camp site, so she can be at home when on call?

Doug
Customer: replied 1 year ago.
Yes. About exactly a***** My main concern should she at least be paid from the minute requested back - including drive tune - until finished with patient.
Expert:  LawTalk replied 1 year ago.

Good morning,

The fair labor standards Act holds that normal commute time for the regular work day is not obligated to be compensated. However, an employee on call and called back once or several times a day to the place of employment is no longer making a commute for the regular work day, but instead is making a special on-call trip and is entitled to be compensated from the time they leave the place where they are at when responding to the call-back until the time when they get back after the call-back. In this case travel time is compensable because it is not a commute for the normal work day.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015, Aloha

Doug

Customer: replied 1 year ago.
Thank you very much Doug! One fast follow up : I'm assuming there no requirement to reimburse car miles expense?

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