Major U.S. Corp won't pay for full hours worked

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knightwriter

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The company I work for recently started working our IT support desk 24hrs on weekends. Several of us agreed to work for the pilot program. This was before compensation had been decided. We are all hourly employees that work in the office doing this same job Monday thru Friday. For the weekends we must do our work from home over VPN. We use corp. cell phones and pc's with our personal home internet to support company employees throughout the country that may call at any time. Shifts are 2x13 hrs. Problem is the company is only paying us 10 hrs for 26 hrs of work that in no way can be considered "On-Call". Our job requires us to be on the company network via VPN and often remote control the users pc to correct their issues. We cannot leave the house. Even eating and bathing are hard to fit in when we need be ready to take a call at any time. Can they legally call this "On-Call" and get away with not paying for the full time we work. Need advise quickly, we're trying to negotiate by 11/12.
Thank you in advance for any input.
 
If you believe that you are due wages for some or all of this on-call time, you are free to file a complaint with your state DOL.
 
Thank you cbg. I'm also in line for a management position with the company and during a managers training HR stressed our resposibility to avoid corp liabilities. I don't think this is legal. Does it sound like on call to anyone?
 
Unless you are in California or Maine, there are no laws mandating a limit to the number of hours you can be required to work in a week/pay period. Even in California or Maine, there is no limit to the number of hours that you can be required to work in a day.

Whether or not on-call hours have to be paid for is situation and state specific. No state requires that you be paid simply for being on call - what matters is how restricted your time is. If you cannot leave the house, then it is probable that you have to be paid for the time. But there is no illegality about the number of hours you are required to work and no illegality about requiring the on-call time. The only potential illegality is in not paying you for all the hours that are designated as work time, and how many hours that is has yet to be determined.
 
Thank again cbg. Our company is global but out of California. I don't have a problem with the number of hrs worked. My concern is the extreme restrictions for the on duty techs. The eight of us were asked to come up with a plan for shifts and compensation by 11/12. The problem is, they keep leaning towards per call, percentage or the current 10hrs of OT for the 26 hrs worked. I'm suprised they are trying to call this On-Call. I want to provide for the company, my team and myself.
 
It doesn't mattter what state the company is based in; what matters is what state YOU are in. If you are in any state but California, California law does not apply to you no matter where the company is based. The law of the state where YOU are is the law that applies to you.
 
Hey cbg, I put my location as Miami, Fla. in my original post. There was a special location for it so I understand your confusion as I don't see it listed anywhere. Any ideas as why that data is not posted? I'm positive I entered it.
 
I don't know why, but you're not the first to report it. Hey, TheLawProfessor, any ideas? :)
 
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