What is the name of your state (only U.S. law)? This explanation is verbose but clarifies my situation. Thank you for reading and your response.
“On call” requirement.
I am currently a maintenance worker at a nursing home. I have one coworker and a maintenance supervisor above us. The working hours for myself and coworker are as follows: One week 7:00am to 3:00 pm and the next week 9:00am to 5:00pm. My coworker and I alternate these hours with each other week to week. Weekends we are both off.
My supervisor works Monday to Friday 8:00am to 4:00pm. Weekends off. However he is on call 24 hours a day every day of the week/year. He would like to change that. He/they (management) want myself and coworker to alternate weeks with my supervisor (3 man rotation) carrying the cellphone to answer these calls after our eight hour shift is over and also the full forty-eight hours of the weekend.
So the scenario would look like this when it’s my turn for the phone and I’m working the 9:00am to 5:00pm shift. Start on Monday 9:00 am work to 5:00 pm Answer all calls from 5:00pm to 7:00am and come to work if necessary for repair work. Start regular time on Tuesday 9:00am regardless if I came out the previous 14 hours or how many calls. This repeats for everyday through Friday. Starting on Friday at 5:00pm I answer all calls through the weekend and come out for repairs if necessary (usually). On the Monday morning following the weekend I turn the cell phone over to next person in the rotation.
They propose to pay us two hours call out time plus the time on the premises (if presence is required) at one and one half times our rate of pay (time and a half). No travel time is given and no calls are compensated if not having to come out on site. It is not uncommon to receive three to five calls while away from the premises.
At this time I would add my coworker and I are members of a union that is affiliated with the international brotherhood of teamsters. They have not been approached formally about this proposal, my supervisor has only discussed this with myself and coworker and we have told are grievance woman but an opinion from her hasn’t materialized and she seems reluctant to deal with the situation.
According to the bargaining agreement we have which I quote.
Article IV – Maintenance of standards
Section 1. It is agreed that this Agreement and labor contract shall provide for all the wages and benefits affecting the employees covered by this agreement. Unless specifically provided for, there shall be no other wages, benefits or working conditions provided to the union or the employees.
Section 2. It is agreed that the Employer will not modify, alter, add to, withdraw or inject any new plan of an economic nature covering wages or other benefits affecting the employees covered by this agreement without notifying the union.
My questions are these. Shouldn’t this proposal have to be presented to the union? I don’t see how my coworker and I can agree or not to anything on our own. It seems to me this has to be negotiated with the union.
Also is this legal? It seems they can, but I don’t know for sure.
According to the FLSA regulation29 cfr785.17
On-Call Time An employee who is required to remain on call on the employer's premises or so close to the premises that the employee cannot use the time effectively for his or her own purpose is considered working while on-call. An employee who is required to carry a cell phone, or a beeper, or who is allowed to leave a message where he or she can be reached is not working (in most cases) while on-call. Additional constraints on the employee's freedom could require this time to be compensated. See Regulations 29 CFR 785.17.
Example #12: An assisted living facility has four LPN wellness coordinators who are paid hourly. They rotate being on-call each week. They are required to carry a cell phone and be within 45 minutes of the facility when they are on-call. They are not paid for all time spent carrying the cell phone but are paid for time spent responding to calls and time when they have returned to work at the assisted living facility. Does this comply with the FLSA? Yes. https://www.dol.gov/whd/regs/compliance/whdfs53.htm
Lastly I would add this is happening in the state of Indiana and I don’t know what if any state regulations would apply.
“On call” requirement.
I am currently a maintenance worker at a nursing home. I have one coworker and a maintenance supervisor above us. The working hours for myself and coworker are as follows: One week 7:00am to 3:00 pm and the next week 9:00am to 5:00pm. My coworker and I alternate these hours with each other week to week. Weekends we are both off.
My supervisor works Monday to Friday 8:00am to 4:00pm. Weekends off. However he is on call 24 hours a day every day of the week/year. He would like to change that. He/they (management) want myself and coworker to alternate weeks with my supervisor (3 man rotation) carrying the cellphone to answer these calls after our eight hour shift is over and also the full forty-eight hours of the weekend.
So the scenario would look like this when it’s my turn for the phone and I’m working the 9:00am to 5:00pm shift. Start on Monday 9:00 am work to 5:00 pm Answer all calls from 5:00pm to 7:00am and come to work if necessary for repair work. Start regular time on Tuesday 9:00am regardless if I came out the previous 14 hours or how many calls. This repeats for everyday through Friday. Starting on Friday at 5:00pm I answer all calls through the weekend and come out for repairs if necessary (usually). On the Monday morning following the weekend I turn the cell phone over to next person in the rotation.
They propose to pay us two hours call out time plus the time on the premises (if presence is required) at one and one half times our rate of pay (time and a half). No travel time is given and no calls are compensated if not having to come out on site. It is not uncommon to receive three to five calls while away from the premises.
At this time I would add my coworker and I are members of a union that is affiliated with the international brotherhood of teamsters. They have not been approached formally about this proposal, my supervisor has only discussed this with myself and coworker and we have told are grievance woman but an opinion from her hasn’t materialized and she seems reluctant to deal with the situation.
According to the bargaining agreement we have which I quote.
Article IV – Maintenance of standards
Section 1. It is agreed that this Agreement and labor contract shall provide for all the wages and benefits affecting the employees covered by this agreement. Unless specifically provided for, there shall be no other wages, benefits or working conditions provided to the union or the employees.
Section 2. It is agreed that the Employer will not modify, alter, add to, withdraw or inject any new plan of an economic nature covering wages or other benefits affecting the employees covered by this agreement without notifying the union.
My questions are these. Shouldn’t this proposal have to be presented to the union? I don’t see how my coworker and I can agree or not to anything on our own. It seems to me this has to be negotiated with the union.
Also is this legal? It seems they can, but I don’t know for sure.
According to the FLSA regulation29 cfr785.17
On-Call Time An employee who is required to remain on call on the employer's premises or so close to the premises that the employee cannot use the time effectively for his or her own purpose is considered working while on-call. An employee who is required to carry a cell phone, or a beeper, or who is allowed to leave a message where he or she can be reached is not working (in most cases) while on-call. Additional constraints on the employee's freedom could require this time to be compensated. See Regulations 29 CFR 785.17.
Example #12: An assisted living facility has four LPN wellness coordinators who are paid hourly. They rotate being on-call each week. They are required to carry a cell phone and be within 45 minutes of the facility when they are on-call. They are not paid for all time spent carrying the cell phone but are paid for time spent responding to calls and time when they have returned to work at the assisted living facility. Does this comply with the FLSA? Yes. https://www.dol.gov/whd/regs/compliance/whdfs53.htm
Lastly I would add this is happening in the state of Indiana and I don’t know what if any state regulations would apply.
