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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116249
Experience:  20+ Years of Employment Law Experience
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I am a private ambulance company owner. We working a normal

Customer Question

I am a private ambulance company owner. We working a normal 8-5 M-F work week. I'm looking at putting medics on call for after hours calls. They would have a cell phone and have to respond to the call within a 2 hour time frame. Could I simply pay them $100 a week to be on call?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: NC
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: No
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under NC and federal law, on call pay does not have to be paid unless the employee is actually called out and has to work. The law says that as long as the employee has freedom to do their personal business during the on call time with minor restrictions on that time (such as no alcohol or reasonable response times) then they do not have to be paid just to be on call. They do need to be paid from the time the phone rings and they have to leave until the time the call is done (time actually worked).
Thus, if you want to pay them a $100 perk for being on call, that is your choice and right, but you would still have to pay them hourly for the time they actually work when they are called out.
Customer: replied 11 months ago.
Would a $50 per call work instead of an hourly rate most of our calls take less than 2 hours to complete.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
You could pay them $50 per call out, as long as at the end of the week that works out to at the bare minimum time and one half of minimum wage.

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