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"On Call" Compensation: IT Industry Missouri (Employment & Labor Law)

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• Tue, 27 Nov 2007 15:11:00 GMT(1)
• We are talking about non-exempt employees, I presume?
  
  (If exempt, they are not entitled by law to any extra compensation at all.)
  
  How restricted will they be? Can they be going about their business with their cell phone in their pocket, or do they have to sit at home and wait for you to contact them? Do they have five minutes to return a call or an hour? It makes a difference to what compensation is required by law.
• Wed, 28 Nov 2007 09:04:00 GMT(2)
• In your specific question, just carrying a cell phone is not legally a big deal. Almost everyone these days voluntarily carry one anyhow. Having to maintain immeadiate access to a computer however arguably would "seriously curtail" the employees off hour activities.
  
  I agree with DAW. It's the "immediate access" that's probably going to be the deciding factor. Having said that, however, you CAN pay the "on-call" time at a lower hourly rate. Will make the calculations re: overtime more difficult, but most payroll systems can handle this properly if they are configured correctly.
• Wed, 28 Nov 2007 08:05:00 GMT(3)
• Yes this is for our non-exempt employees, thank you for clarifing that.
  
  The employee will have a cell phone that will text message them if the server goes down. When the server goes down the employee will need to respond immediately. They will need to have access to a computer/laptop to restart the server or do what ever it takes to get it back up. They shouldn't have to go to the physical location of the server but there is that slight possiblity. So they can be anywhere but they do need to be close to a computer.
  
  Please let me know if there is anything else needed to know for us know what the compensation needs to be by law.
  
  Thank you!
• Wed, 28 Nov 2007 08:39:00 GMT(4)
• For federal rules only, there are several DOL regulations affecting on-call. Some effects hours worked, and some effect regular-rate-of-pay. State law can be more restrictive then federal law.
  
  - Employees who must be on-call on the employer's premises or close enough to seriously curtail their use of the time for their own purposes must be paid for the time spent on-call. But employees who merely have to leave word where they can be reached are not working while on call. (29 CFR 785.17).
  - Employees must be paid for unproductive time if that time is spent for the employer's benefit (29 CFR 785.7).
  - If an employee has been called back to work, you must also pay for his travel time because his time is no longer under his own control once he receives the call back to work. If he works from home, only the time actually spent working has to be paid for. (29 CFR 785.33-785.41).
  - The regular hourly rate of pay of an employee is determined by dividing his total remuneration for employment . . . in any workweek by the total number of hours actually worked by him in that workweek for which such compensation was paid. On call pay causes the regular rate of pay to change. (29 CFR 778.109)
  
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  In your specific question, just carrying a cell phone is not legally a big deal. Almost everyone these days voluntarily carry one anyhow. Having to maintain immeadiate access to a computer however arguably would "seriously curtail" the employees off hour activities.
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