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Management: We won't pay for 'on-call' emergency work

By John Wilcox, Moderator
10/16/2007 - 4:00am
Employment Law

John Wilcox, Moderator

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John Wilcox is senior editor of 15 HR Specialist newsletters covering employment law, compensation and benefits, as well as theHRSpecialist.com. A journalist who has covered HR, training, organization development and business management for more than 15 years, John keeps his finger on the pulse of what’s working in HR through daily contact with some of the nation’s top HR pros, business people and employment law attorneys.

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Question: Management recently told all my organization’s non-exempt employees that they would no longer be paid for coming in for “on call” emergency situations. There would be no need to clock in as it will be considered “volunteered” time. The time can’t be credited to comp time either. This seems illegal to me all around. Anyone have any thoughts on this?—T.A., Iowa

Comments

Check Federal and State regulations on "on-call" work. The 'not to clock in" is already a bad sign, how would you know who was there, in the event of an accident how do you account for the person's presence? Who "volunteers"? Non-exempt are paid for all hours worked. This is work time, regardless of it being an emergency. What is the logic behind "volunteered work"? Some states even require pay just for being on call, and not for actually having to show for to the emergency.

Posted by: Dolly | October 16, 2007 at 01:39 PM

I agree. Check the laws for your state. Check with all insurance provider's as well. Some may not cover employee's who "aren't there" if an accident happens. That may leave the company liable. Worker's Comp laws might also have something to say about the issue. My question is.. if it's "volunteer time" and you choose not to go, does it affect performance evals and promotions? This seems wrong ethically.

Posted by: Sarah | October 17, 2007 at 07:21 AM

You're absolutely right. This is illegal. If an employee is non-exempt, any time worked must be paid according to the FLSA. This seems like an attempt by your company to avoid paying overtime. Sarah also mentioned a very important issue with worker's comp too. This would create a nightmare if an employee was injured while on "volunteer time".

Posted by: Kim | October 24, 2007 at 05:32 AM

Non exempt employees MUST BE PAID

Posted by: Cynthia | October 24, 2007 at 01:52 PM

Employment Background Check Guidelines: Complying with the Fair Credit Reporting Act, conducting credit background checks and running a criminal check to avoid negligent-hiring lawsuits