In the 21st century, more jobs work non-traditional hours of 9 to 5, and many more work from non-traditional locations. As many employers use the option of having employees “on call,” there may be questions about how this affects a worker’s pay.

The Florida Minimum Wage Act and the Federal Fair Labor Standards Act (FLSA) state that all employees must be paid for all the “hours worked.” Some employers may be violating these rules. With the help of a Daytona Beach small business lawyer, you can protect your rights and fight for the remuneration you deserve.

If you wish to know whether or not you need to be paid for being “on call,” you need to understand what is being on call. You also need to understand what constitutes the term “hours worked.”

What is Being “On Call?”

Being on call means you are available to work if your employer contacts you. An on call worker isn’t currently working but is available to work if needed. Sometimes, an on call employee may be required to remain at or near the workplace.

Businesses with unpredictable schedules, like hospitals, may use on call shifts. Some examples of these jobs include:

  • Doctors
  • Nurses
  • Retail workers
  • IT techs
  • Repair workers

You must be paid whenever you are asked to respond to a call. If your employer is reluctant to pay you for responding, you need the guidance of a Daytona Beach labor relations attorney to help you fight for your rights. However, you may not be paid for waiting if the on call hours are not considered hours worked. Several factors determine whether on call hours need compensation or not.

What Time May Be Considered Compensable Hours Worked in Florida?

Here are circumstances that may be considered compensable hours in Florida:

  • Time on call: employees asked to standby at their employer’s premises until needed
  • Meal and rest breaks
  • Waiting time: in the case of a messenger waiting for a package or firefighters waiting in a fire station
  • Work-related travel: moving from one job site to another, traveling away from home when it cuts across the employee’s workday,
  • Time spent in meetings, training, and lectures that are job-related

A skilled employment law attorney in Florida can help you negotiate with your employer concerning your on call dues. You should not be afraid of retaliation because the law also protects you and should pursue fair compensation for the work and time you put into your job.

When Is “Time On Call” Not Considered Hours Worked?

If you must remain reachable but not confined to one specific place and can go as you please, those hours spent on call are not compensable working hours.

When Is an Employee Entitled to Pay for On Call Time?

If you wish to know whether you are entitled to pay for on call hours, it’s essential to consider the facts and circumstances. The FLSA determines on call requirements on a case-by-case basis. However, there are guidelines by the Department of Labor that help determine on call pay. These are the factors to consider if you wish to know whether you are entitled to on-call pay:

Location

Location comes first. You need to answer whether you were required to remain at or near the premise while on call or were you free to go anywhere. If needed to be at or near a client’s or employer’s property, you are likely entitled to on call pay.

Control

If there are restrictions to what you can do while on call, e.g., prohibition to take alcohol, engage in personal activities, etc., your employer may have to pay you for this time. The more restrictions, the more the likelihood of compensation.

Frequency of Calls

How many calls do you get while on call? The more the number of calls you have to respond to, the more the chance of being paid for being on call. This is especially true if the calls require you to report to work or give advice or guidance.

Amount of Time Given to Respond

If you are required to respond within a specific period, you are more likely to be paid on call. Ask yourself whether you’re required to respond to a cell phone, pager, or a different alert.

If you are still unsure whether or not you’re entitled to on call payment, it’s in your best interests to talk to a Daytona Beach labor relations attorney. An experienced lawyer will instantly know whether you should be paid for being on call and will fight for what you truly deserve.

What Does Florida’s Law Say About “On Call?”

Florida law does not address on call pay. However, employers are required to comply with Federal Labor Regulations. Under the FLSA, an employee should be paid for all hours worked. Hours worked include all the hours spent on duty, on the employer’s premises, or at a different prescribed workplace. Hours worked also include all the time an employee spends in idleness but is permitted to work.

Learn Your Legal Options Today with The Help of a Professional Attorney

If you are uncertain whether or not the law offers you the privilege to receive compensation as an on call employee, take the initiative and find out where you stand. Consult with an experienced employment law attorney in Daytona Beach as soon as possible to seek guidance.

Our law firm can assist you in assessing hours worked in an on call situation and offer you experienced and sound legal advice. Call our office today to discuss your case in detail with a knowledgeable and competent employment attorney in Florida.