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If one employee is paid for on call time do all employees…

Customer Question
If one employee is...

If one employee is paid for on call time do all employees get paid for on call time ?

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

Does it make a diiference if the employee is part time or full time when it comes to paying on call pay?

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Hourly and at will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Did not discuss with anyone seeking a clarification

Submitted: 3 months ago.Category: Employment Law
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Answered in 5 minutes by:
12/27/2017
Employment Lawyer: Lucy, Esq., Lawyer replied 3 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 31,901
Experience: Former judicial law clerk, lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

With on call time, the key is whether the employee is able to use the time as their own while on call. So, for example, if one employee was required to remain on the premises and others were not, the employee who had to remain there would get paid, but the others wouldn't necessarily. Courts will look at whether the time is effectively the employee's when he's on call. For example, an employee who is getting called every 15-20 minutes and can't do anything else with that time is probably going to need to be paid. If an employee need only leave a number where they can get reached but rarely if ever gets called, they don't need to be paid.

Within those parameters, typically if one employee is paid, others would be as well. It would be unusual for an employer to give different employees different on call requirements. And if they did, that would need to be evaluated to see if it was a pretext for some form of illegal discrimination.

You mentioned that these are hourly, at will employees. The only difference between part time and full time is that full time employees are going to need to be paid overtime and part time employees might not if they don't exceed 40 hours/week. Note, however, that if any of the employees who spent time on call are exempt rather than hourly, they would not get paid extra for on call time. The intent of exempt employees is that their basic salary should be enough to cover all time worked (and if it's not, that's something to negotiate with the employer).

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Customer reply replied 3 months ago
If hourly employee has in its contract pay includes on call coverage then they should be paid ?
Employment Lawyer: Lucy, Esq., Lawyer replied 3 months ago

Yes. The employer has to follow the contract.

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Employment Lawyer: Lucy, Esq., Lawyer replied 3 months ago

If you have any questions or concerns, please reply WITHOUT RATING so I may address them. My goal is to provide you with excellent customer service. Otherwise, please rate my answer positively so I get credit for assisting you today. Mobile users may have to scroll to the right. Thank you.

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Employment Lawyer: Lucy, Esq., Lawyer replied 3 months ago

Do you have any other questions about this?

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Lucy, Esq.
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Category: Employment Law
Satisfied Customers: 31,901
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