On-Call Legalities

[Nikki1982]

Jurisdiction

Wisconsin

I think I know the answer to this but thought I would reach out.

Background: An employee is on salary (making over $47,476, 29 C.F.R. part 541 - so exempt from overtime) and putting in their mandatory 40 hour salary work week. Employee is asked to be on-call (first one and often times the only one that can handle a situation) during the weekend.

Situation: In the past this just meant keeping your company provided phone on you and being available in the situation where you are needed. There was no compensation (outside of your normal salary) for this.

Now my question: How far can an employer go? For example, can an employer say that the employee who is on-call cannot go to a party, or have a few drinks? Can an employer call the on-call employee over the weekend to "check up" on them to ensure they are not, say, at a movie theater? Can an employer essentially limit ones life outside of work if that employee is on-call?

In the example above, the on-call would be switched between a group of people over a month. I'd also like to know how this would affect someone if they were on-call all the time (24/7/365 - essentially limiting their entire life).

I'm fairly certain that the employer has all legal rights to do this, and the employee must follow the request or risk losing his or her job. Am I right on this?

 

[army judge]

Am I right on this?

Maybe, depends on many things.

I suggest you seek guidance from this from your corporate counsel, HR management, but not strangers on the internet.

 

[Betty3]

There is no limit/law in Wi. (or many other states) or federal law on the # of hrs. an employer can require an employee to work/be on call in a row unless there is a CBA or other binding employment contract to the contrary with some exceptions.

There is a one day of rest in seven law in Wi. re factories & mercantile establishments with some exceptions. There are also exceptions re max. hrs. an employee can work applying to minors & employees in occupations such as long haul trucker, airline pilot (occupations with safety concerns)...... Some states require rest and/or meal breaks. (Wi. "recommends" meal breaks.)

As a salaried exempt employee, you get paid a fixed weekly salary no matter how many hrs. you work/are on call. For non exempt employees, overtime pay "could" be required depending on the # of hrs. worked, how restricted they are re on call, etc.

When legal (which is most cases), you can be disciplined up to & including termination for not working/being on call when your employer requires you to be.

 

[cbg]

Multiple courts have ruled that not being able to party, drink alcohol, or even leave town, is not sufficiently restrictive to be problematic.

 

[Betty3]

Yep & these days with cell phones, employees do not need to stay home waiting for a possible on call phone call.