Massachusetts workers rights - on call professions?

[wakeley58]

Okay, so I work for an organization that handles construction and safety issues. We recently encountered an issue that called for having someone come in and handle a safety issue on a weekend. This was an unpredicted issue that could come up again. It was determined that the people in my department would now rotate being on call on the weekends and will need to carry a pager to stay in contact in case something comes up on our weekend.

So, my question is what kind of compensation should we be getting for this weekend where we cannot travel, consume alcohol, or pretty much do anything that would affect our availability to come to the site an handle the issue, since it's equivalent to being on the job site that weekend.

One person suggested we get 8 hrs of pay for the weekend, and time and a half if we get called in. Another suggested comp time, and time an a half if we get called in.

Any nurses or other on call professions have any input? What kind of compensation do you receive for being on call?

[gwynethpaltrow8]

In MA, workers don't have many rights. I've had family members on call like you describe. They just dealt with it like responsible adults. Sorry! It's part of the job. If you don't like it then you can switch professions. It's not just about you and your needs. I don't mean to sound harsh. It is what it is. They used to "pray" that they would not be called but were prepared for when they were. They took care of things around the house or in the area. You do what you need to do. I'm sure that you can have a drink but don't get plastered. Control yourself.

One drink could last or should last a few hours. So in case you get called, you are ok.

A weekend at home - the horror. Gather with friends. Be creative. Don't sulk. Make the best of it. Think of those less fortunate. Be somewhat grateful for your life. No one owes you anything really.

I hear what you are saying. I've been in the workforce for quite a few years now. It's tough for employers too. I've been asked to work an entire weekend before without compensation because I'm salary. I had to travel. The travel part was ok. It was being stuck in a hotel room away from my family. The not being paid just really hurt. They made me leave early and then wait in a hotel room. They tried to do it again and I tried to reach a compromise - no deal but I did not have to go. They decided to scale back. I framed my concerns with if I'm not needed until this time, why can't I fly out later in the day as opposed to first thing in the morning - so I can rush to wait in a hotel room for the entire day?
My complaints had nothing to do with the scale back. It had to do with the economy.

You can ask for compensation but don't expect to get it.

I'm with you because I think workers should receive more rights. But good luck trying to get it unless we band together.

[link]

Looking at workers rights covered by specific laws, there is a great tool at www.dol.gov/elaws that can help you if you are in the US. Taken right from their site:

If you are not required to remain on the employer’s premises but are merely required to leave word where you may be reached you may not be working while on-call. However if the on-call conditions are so restrictive or the frequency of call ins is so high that you cannot effectively use on-call time for your own purposes, the on-call waiting time would be counted as hours worked.

Although your employer may require you to be accessible by telephone or by paging device, or establish rules governing use of alcohol or participation in other activities while you are on-call, you 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 your choosing.

The other consideration in determining whether you can use the on-call time for your own purposes is the frequency of the work calls you receive during your on-call time. If your on-call time is interrupted to such an extent that you cannot conduct your regular activities, you probably cannot use the on-call time for your own purposes. For example, if you are unable to finish a meal, read a story to your child or read a newspaper during the same on-call period, you probably cannot use the time effectively for your own purposes.

While on-call are you able to use your on-call time for your own purposes? If yes, Your on-call time is probably not hours worked.

However, when an employee is on-call, all time spent responding to calls is hours worked.

For more information, please contact your local Wage and Hour District Office.