As with any non-exempt worker, federal law requires that non-exempt on-call employees always be paid minimum wage or above, and overtime must be paid for all hours worked in excess of 40 hours in a given work week. In addition, employers should ensure that they review state minimum wage and overtime laws. If most of the above factors are met and the employer has control over the employee`s movements, the employee is considered on call and the hours are paid. Under the Fair Labour Standards Act, on-call time may or may not be considered hours worked. Some Canadian provinces have on-call time arrangements and shift work, which are regulated in accordance with provincial legislation. While other provinces do not have regulations on on-call or shift work. Be sure to include your company`s readiness policy in your employee handbook. Often, the RSA determines standby pay requirements on a case-by-case basis. However, the Ministry of Labour provides general guidance for determining standby pay. Restricted activities, frequent calls, and immediate action can prevent an employee from using their time for personal activities.
On the other hand, if an employee has to stay at work on call or is so close to the workplace that they cannot use their time freely, the employee is forced to wait (on duty). In this case, the employee must be compensated for this period. Some employers require their employees to work on call, often in response to the business needs of certain industries. According to the regulations of the RSA at 29 C.F.R. §785.17 “An employee works who is required to remain on call on the employer`s premises or so close to the employer that he cannot effectively use the time for his own purposes.” If you do not pay your employees while they are on call, you may be in violation of the RSA`s hours of work rules and, therefore, overtime. And we all know that violating the regulations of the FLSA is a recipe for heavy penalties. Examples of these types of staff include hospital staff, who must remain in hospital during on-call hours, and maintenance staff, who must remain close to their facilities. If an employee must remain on call at or so close to the employer`s premises that he or she cannot effectively use the time for his or her own purposes, he or she works during “on-call time.” Employers must count employee on-call time as hours worked for minimum wage and overtime purposes. When employees make themselves available for on-call assignments in their office or workplace, employers must pay them for the time they spend there. Since these on-call hours are performed under limited conditions in which an employee cannot use his or her time for personal purposes, this time is considered payable “hours worked”. Shift work refers to a work schedule that rotates in rotation.
The practice, as a rule, provides that the day is divided into shifts, fixed periods during which different groups of employees perform their duties. Companies that require their employees to work 24 hours a day or need a 24-hour day to increase productivity can ask their employees to work shifts. Shift work takes place on a 24-hour work schedule and sometimes 7 days a week to keep a business running smoothly. In some occupations, employers require a certain number of workers to be “on call” and available to work on limited notice. This may mean having a pager or company phone with you at the end of your shift, or agreeing to come to the office when needed. Refresh your state`s standby pay laws to stay compliant. Employers may require certain things from home care workers – for example, that they be reachable by phone or pager, or that they not drink alcohol. However, this time is not considered “hours worked” and is not necessarily paid. If you`re having trouble figuring out if you need to make a payment on call, visit the Ministry of Labour`s website or contact a small business lawyer. Even if you are not required by federal or state law to provide child care to employees whose time is not limited, you can do so. This is a typical example of what is called on-call time.
This provision is also known as the 3-hour rule in Alberta. The 3-hour rule in Alberta means that an employee who reports for work is paid at least 3 hours at minimum wage rates, subject to an exception if the employee is unavailable for the full 3 hours. In such a scenario, the employee is paid only for the hours actually worked. There are many factors that affect whether or not you have to pay compensation on call. Keep in mind that the RSA regulations only apply to non-exempt employees. You are not required to pay on-call pay to exempt employees. Shift scheduling – Consecutive hours during which an employer requires an employee to work or be on call to work, provided that a break of one hour or less is not considered a break in consecutive hours, is considered shift work. Unpredictable businesses (such as hospitals) may use on-call shifts. Examples of on-call service include: The U.S. Department of Labor has interpreted this rule to mean that while employees are allowed to go about their daily activities, the fact that they are on call does not mean that this status constitutes compensable hours of work. Employees who can be reached via mobile phone are not limited in terms of their employer`s contact options.
If the employer provides the contacted employee with 30 minutes or more to report to work, the DOL considers this to be a reasonable restriction on the employee`s activities. On-call time is considered hours worked under the Land Act. A similar on-call service provision exists in Nova Scotia, where if an employee is required to work outside the employee`s normal working hours, the employer must pay the employee for at least 3 hours of work at minimum wage rates. This applies even if the employee only works 1 or 2 hours. The same is true in Yukon, where an employee who reports for work at the request of the employer or during his or her regular shift is entitled to at least 2 hours at the regular rate, regardless of whether the employer requires the employee to work part or all of the 2 hours. Sometimes it`s a matter of life and death, like a surgeon who needs to be available for emergency surgery. Typically, employees who need to be on call may have expertise or troubleshooting skills that may suddenly be needed to keep a business running. For example, IT professionals need to intervene in the short term to resolve IT issues that have slowed or stopped production. Again, you have to pay the employee for the time they spend answering a call. If an employee`s personal activities are restricted, you will generally need to be on call. If an employee who is on call is free to use their time and does not perform a specific assigned task, that employee is waiting to be hired. The employee can be reached by phone if necessary; However, as he waits (off), the employee is not compensated for this time.
Let`s say an on-call employee spends the day at the mall. During a four-hour on-call shift, they receive a call that requires them to interrupt what they are doing for 30 minutes. Pay them for their 30 minutes of work. But you don`t have to pay them for the other three hours and thirty minutes. While on-call work is unpredictable, shift work typically involves regular shift rotation as well as some irregular deviations, such as: the requirement to report to work on a day off, arrive early for a shift, or stay after the end of a regular shift to meet production needs. According to the Ministry of Labor (DOL), on-call time does not necessarily count as working time. For example, DOL policies state that an employee who does not have to stay in the workplace and can use his or her time for his or her own purposes is unlikely to “work” while on call. (Although any time they spend answering calls is likely considered work time.) On-call labour laws boil down to whether the employee is restricted or not.
If the employee is restricted, their time is generally considered hours worked and you must be on call. If the employee isn`t restricted, you probably won`t have to compensate them for their wait time. The situation becomes more blurred when an employee is on call at home. Employers generally think of this time as hours spent under “unlimited conditions” during which employees can use their time as they please. Some businesses need on-call employees. But if you require employees to be available when they`re not working, should you pay them? Whether you should do child care or not depends on a few factors. If a company has a policy that pays for time spent on call, it must cover all employees covered by the policy. However, on-demand work in Ontario is different from other provinces in Canada.
If an employee who regularly works more than 3 hours a day must report for work and works less than 3 hours, although he may work longer, the employer pays the employee wages equal to the sum of the amount earned by the employee for the time worked and wages equal to the employee`s regular rate for the remainder. or wages equal to the employee`s regular rate for 3 hours of work, whichever is greater.