How is on-call time paid?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How is on-call time paid?
How is a nurse paid if on the schedule to work, but because of uncertainty of admissions, she is asked not to come in, however, is placed on-call and then called later to come in?
Asked on August 3, 2011 California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) For the time she is actually on-site or in the facility, she must be paid--that's clearly work time.
2) For when she is on-call, IF she has to stay on-site or in some other location the employer specifies, that, too, is work time, and she must be paid. If on the other hand she is free to do what she wants as long as she is reachable by cell phone or pager and prepared to come in, then until and unless she gets the call, she is not working and does not need to be paid.
3) If she is an hourly employee, then she will only be paid for hours actually working.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.