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I am an industrial mechanic who is on call one week out of…

I am an industrial...

I am an industrial mechanic who is on call one week out of three on the weeks I am on call i have to report to work with in 45 mins around the clock severly restricting what i can do at home and i receive no compensation for this time is this legal

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

VA

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Nonunion full time

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Answered in 9 minutes by:
3/9/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,405
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Regarding the compensability of on-call time, the DOL states: "An employee who is required to remain on his or her employer’s premises or so close thereto that he or she cannot use the time effectively for his or her own purposes is working while on-call."

You are clearly on-call from home, so you would need to argue that your on-call obligations are so restrictive that you are deprived from using this time for personal activities. Here is what the DOL has to say about that:

"

An employee who is not required to remain on his or her employer’s premises but is merely required to leave word where he or she may be reached is not working while on-call. Next we must determine if your employee is able to use the on-call time effectively to engage in personal activities.

Although you may require your employee to be accessible by telephone or paging device, or you may establish rules governing use of alcohol or participation in other activities while your employee is on-call, he or she may still be able to use the on-call time to engage in personal activities, such as cutting the grass, going to the movies, going to a ball game, or engaging in other activities of his or her choosing.

The other consideration in determining whether your employee can use the on-call time for his or her own purpose is the frequency of the work calls received during his or her on-call time. If your employee is interrupted to such an extent the he or she cannot conduct his or her regular activities, your employee probably cannot use the on-call time for his or her own purposes. For example, if he or she is unable to finish a meal, read a story to his or her child or read a newspaper during the same on-call period, he or she probably cannot use the time effectively for his or her own purposes." (Link)

So, to be honest, you really face an uphill battle when claiming that on-call time is compensable if you are allowed to go home. It's certainly still possible, but it will depend on the frequency of calls, most likely. If it's limited to 1-2 calls per day, then I would think it's very unlikely the DOL would find all your on-call time to be compensable.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,405
Experience: Significant experience in all areas of employment law.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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