On-call Pay

At my professional employer in Oregon we work a rotating schedule and consider an which has 2 out of every 5 weeks where we are eligible to be called in at anytime. According to management if we get called in and cannot we will be debited personal time from our PT Bank. They have been hesitant to describe us as on-call and we we do not get on-call pay. It seems that by requiring us to be be called in with overtime pay, in addition to our normal schedule, should we also get on call pay?

Asked on June 6, 2018 under Employment Labor Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no requirement for on-call pay, unless when you are on-call, you are  an hourly employee and are restricted  to the employer's location (like firefighters who have to stay at the fire station even when there is no fire). Otherwise, the law only requires that hourly (not salaried) employees be paid when actually called in and working; salaried employees do not need to get any additional pay, since their weekly salary is their total compensation for all work done that week. An employer is free to be more generous and pay employees even when it does not, but again, additional pay is only required for hourly employees when the actually perform work, not merely when the are on call.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no requirement for on-call pay, unless when you are on-call, you are  an hourly employee and are restricted  to the employer's location (like firefighters who have to stay at the fire station even when there is no fire). Otherwise, the law only requires that hourly (not salaried) employees be paid when actually called in and working; salaried employees do not need to get any additional pay, since their weekly salary is their total compensation for all work done that week. An employer is free to be more generous and pay employees even when it does not, but again, additional pay is only required for hourly employees when the actually perform work, not merely when the are on call.


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