什么时候需要提供随叫随到的工资?

Some businesses need on-call employees. But if you require employees to be available when they’re not working, should you pay them? Whether or not you must provide on-call pay depends on a few factors.

If you’re not paying your employees while they’re on call, you might be violatingFLSA hours worked, and thus overtime, rules. And we all know that violating FLSA regulations is a recipe for hefty penalties.

It’s time to spruce up your on-call labor laws knowledge.

Not sure what the FLSA covers?

Our free FLSA cheat sheet can help. Understand what the FLSA does and doesn’t cover when you download our guide.

What does on-call mean?

Being on call means an employee is available to work if their employer contacts them. An employee who is on-call isn’t working, but they are available in case they need to. Employees who are on call may need to remain at or near their workplace.

不可预测的企业(如医院)可能会使用随叫随到的轮班。Some examples of on-call jobs include:

  • Nurses
  • Doctors
  • Repair workers
  • IT technicians
  • Retail workers

Under theFair Labor Standards Act随叫随到的工作时间可能被认为是工作时间,也可能不被认为是工作时间。

如果随叫随到的工作时间也算作工作时间,你就需要支付员工随叫随到的工资。

Hours worked = on-call time you must pay employees for

如果随叫随到的时间不被认为是工作时间,你就不需要在员工等待的时候支付工资。但是,你必须在员工响应电话时支付报酬。

有很多因素会影响到你是否必须提供随叫随到的补偿。记住,FLSA规定只适用于非豁免员工。你不需要为豁免员工提供随叫随到的工资。

什么时候应该提供随叫随到的工资?

Federal on-call pay laws require you to compensate employees for hours worked. And, hours worked depends on a number of conditions.

Oftentimes, the FLSA determines on-call pay requirements case by case. However, the Department of Labor offers general guidelines for determining on-call pay.

On-call work 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 give on-call pay. If the employee is not restricted, you likely don’t need to compensate them for their waiting time.

Restricted vs. non-restricted on-call status depends on two main things: location and the employee’s ability to use their time.

Location comes first. From there, break it down further to determine how the employee can use their time.

First, examine the employee’s location. Ask yourself:

  1. Does the employee need to remain on or near your business’s premises while on call?
  2. 员工在随叫随到的时候可以自由地去他们想去的地方吗?

1. Employee must remain on or near the premises

An employee’s time is considered hours worked when they are at or near your business. On-call hours are also considered hours worked if you control where workers can go.

Because the time is considered hours worked, you generally need to provide on-call pay.

让我们假设你需要一名护士在医院待命的时候呆在那里。护士可以午睡或看电视,但他们的时间仍然被认为是工作时间。为什么?因为他们必须呆在医院里。

2. Employee can leave the premises

If the employee is not restricted to being at or near your business’s premises, determine whether they can use their time for personal activities.

To find out if the employee can use their time for their own purposes, ask questions like:

  • Can the employee use the time to engage in personal activities?
  • 当员工随时待命时,你多久给他们打一次电话?
  • After receiving a call, how long does the employee have before responding?

Restricted activities, frequent calls, and immediate action may prevent an employee from using their time for personal activities.

A. Employee can use their on-call time for personal activities

如果员工可以把随叫随到的时间用于个人活动,你可能不需要在他们等待的时候支付他们工资。

Again, you must pay the employee for the time they spend responding to a call.

Say an on-call employee spends the day at the mall. During a four hour on-call shift, they receive one call that requires them to stop what they’re doing for 30 minutes. Pay them for their 30 minutes of work. But, you don’t need to pay them for the other three hours and thirty minutes.

B. Employee cannot use on-call time for personal activities

当员工的个人活动受到限制时,你通常需要提供随叫随到的工资。

Let’s say an employee is reading a story to their child when you call them. The employee puts down the book and drives to work. After responding to the call, the employee returns home and continues reading the story to their child. Again, their phone goes off. The consistent phone calls prohibit the employee from engaging in personal activities. As a result, you need to provide on-call compensation for the entire on-call shift.

Other considerations: state laws and business policies

In addition to federal on-call laws, you need to know your state’s laws. Some states set stricter on-call pay laws. For example,California on-call lawsextend to employees calling in to find out if they have to work.

Brush up on your state’s on-call pay laws to stay compliant.

即使联邦或州法律没有要求你为时间不受限制的员工提供随叫随到的工资,你也可以选择这样做。

Be sure to include your business’s on-call policy in youremployee handbook.

Quick reference for determining on-call pay

Here are some questions you must ask when determining whether an on-call employee’s time is considered hours worked:

  • Is the worker anexempt or nonexempt employee?
  • Is the employee required to stay on the business premises?
  • Do I restrict the employee’s on-call time?
  • What does my state say?
  • 我公司的政策说明了什么?

If you have trouble determining whether you need to provide on-call pay, check out theDepartment of Labor’s websiteor consult asmall business lawyer.

不要忽视支付雇员法定工作时间的工资。使用爱国者的在线工资软件,准确计算工资和税收。如果您有问题,我们的免费支持只是一个电话或点击离开。今天就获得免费试用!

This article has been updated from its original publication date of 3/10/2011.

This is not intended as legal advice; for more information, pleaseclick here.

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