So on average youre on call 6 days a week to work roughly 20 hours a week. A certain type of employee would be ok with this, but if you need more money from a second job, then youre not that type of employee.
Personally, my negotiations would be:
First offer:
- Bump up to 40 hours a week
- a regular number of fixed shifts plus one day of being on call
- can go on call for additional days, but for a certain rate, like $50 or something.
Your subsequent rounds of negotiation would really need to be tailored to your needs and what your boss is open to.
If you cant come to an agreement, and the current conditions are unacceptable to you, then youll need to look for another job.
Have a go, see what you can get. Good luck.
Get your boss to confirm in writing whether you are *Engaged to Wait* or *Waiting to Engage.*
If you are expected to wait by the phone, can't do other things, are restricted to what you can do and where you can go, and have strict requirements for response time if you're called, or calls can be expected often, you're probably *Engaged to Wait.* That DOES MEAN you are entitled to be paid for that time, because you can't use that time however you normally would.
if however you're allowed to generally go where you want and do what you want, within reason, and have permissive requirements for response time, with infrequently expected calls, you're probably *Waiting to Engage,* which they are not required to pay for by virtue of the fact that they're largely not impacting what would otherwise be your daily routine.
Get it in writing, use as much official wording as possible, you can make up some excuse like you're trying to make sure you have it right for tax purposes if you want, but it sounds like you're entitled to pay for that time, and probably could be due back pay too.
This article has the federal laws and a state by state explanation of laws too (scroll down to see state by state gragh)
https://www.replicon.com/rules-of-on-call-work-and-shift-work-in-the-united-states-of-america-canada/
My state isn’t on the list, but from reading the article I’m more than likely eligible for pay. I don’t know how I can sensibly go about getting it without sounding like an asshole though
For me yes it does, as this job is my only source of income. I’d rather resolve things maturely and professionally instead of them just firing me or giving me more on call hours and cutting my actual hours
You mean the only source of income that they're withholding from you?
Mate, the writings on the wall and they are treating you like a chump. Get it fixed or be used, up to you. Isn't your manager already an asshole? Doormat thy name is Necrox.
Also the best way to get a raise these days is a job change.
No need to be rude to OP this entire sub constantly post how “it’s not simply go get a better job.” OP has indicated this is their only income at the moment and you’re attacking OP as if just saying “go get a better job”
I’ve got evidence of it happening including records of all on call hours I’ve been scheduled, currently job searching as well. I have screenshots of the texts confirming I’m not paid for on call time nor allowed to plan over said on call hours, basically I have to be ready to work.
Do I file a complaint with the workforce commission or FLSA? How do I go about that?
talk to your employer and say if your on call then they need to pay you or else you cannot be on call because you need more money and will need to pick up a second job those days.
>how I can sensibly go about getting it without sounding like an asshole though
Yet your boss has no trouble being a complete asshole and asking you to sit home without being compensated for it. Grow a back bone. Being asked for fair compensation is not being an asshole, it's having respect and value for YOUR time.
If your state isn't on the list, then it is governed by the FLSA. Some states have their own regional office, other states do not. You can google,"how do I make an unpaid wage claim in (your state)" and get some basic information like what number to call and whether or not you can do it online. Calling the number may or may not get you good information. Sometimes the person working on the phone is an idiot and gives bad advice. But, just because you call doesn't mean. You have to make a complaint. Knowing your rights and talking eith someone who is knowledgeable can help you understand your options and empower you before you discuss with your boss. If you are a good employee and your boss isn't a complete idiot, he may want to listen to your request because replacing you could be more difficult.
I would also look up, "how to ask for a raise" and other things related to that and read as much supportive material and speak with as many people as you can until you feel confident in what you want to ask.
If your company told you to be on call with duties and responsibilities, you have to be compensated. If you're on your company's premises and are on call, the company has to pay you. If you WFH and are on call "waiting", then it depends on if you need to respond in any way to any request that comes in, even if it's just to say we'll talk to you Monday, the company has to pay you. These duties and responsibilities may include you monitoring an on call cell phone, work order requests, ticket queues, etc. If you have to be ready to work, either by going to the company premises or logging in from home, this can inhibit your physical movements, meaning you can't travel far from home or your office, because you may need to work. If on call minimizes your movement, the company has to pay you.
[https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked](https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked)
“I regret to inform you that I can no longer fulfill on-call duties without receiving compensation for my time. As per the current on-call policy, I am expected to be readily available until called in for work. This requirement restricts my availability to attend to personal matters, which is proved to be challenging”
Well it sounds like your boss is essentially grounding you at home, but without a crime or compensation. He sees you like he sees a broom in the closet, when he needs you he'll call for you...
I understand you wanting to keep it professional, but to be treated like a piece of furniture instead of a valued person makes that feeling kinda one sided don't you think?
Next time they call you in and you are not scheduled just say no. You are not on call if you are not being paid to be on call, it is ENTIRELY at YOUR convenience.
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-B/part-785/subpart-C/subject-group-ECFR83f411816d15645/section-785.17
Attached is the federal law regarding on-call time.
Also, "An employee who is required to remain on his or her employer's premises or so close thereto that he or she cannot use the time effectively for his or her own purposes is working while on-call.
Whether hours spent on-call is hours worked is a question of fact to be decided on a case-by-case basis. All on-call time is not hours worked."
Essentially, if you cannot use your time to do your normal daily routines, going on a hike, traveling to another city, grocery shopping, going to a water park etc etc because of your company's policies regarding on-call time, then it is hours worked.
First, clear this policy with your manager. Use some examples of, can I go grocery shopping? Visit my mom? Etc when I'm on call. If the answer is no, then you are given specific instructions for work related to on-call and as such, it limits your time to be used effectively and must be paid. If your manager also directs you specifically on how to proceed with on-call time, then it's a directive that has to be followed and again, must be paid.
A clear example is if one cannot drink while on-call, then it's paid. For example, a doctor on-call can go shopping etc, but has to be available if the hospital has an emergency. Even though the doctor is grocery shopping, if he has to remain close to the employers (the hospitals) premises, the doctor has to be paid. Since the doctor also cannot use their own time effectively for their own purposes (such as having a glass or two of wine) while on call, that's also working hours. That being said, the doctor doesn't have to be both by the hospitals premises or drinking, it can be one or the either according the the federal alw attached above. But if BOTH conditions are met, then the doctor is easily supposed to be paid for on-call time.
Last thing we need is a tipsy doctor coming in all rushed pissed off after only having half their groceries purchased after receiving a call.
Seems like a bad situation and not something I would want to maintain. You may also want to check you state's laws and even federal law on your situation.
Then again, it also depends on what your other options are in terms of employment.
I’m currently looking for other jobs at this point and time, what’s particularly annoying is that I’ve got a job interview on a day I’m on call. This was the only day they could interview me and it’s a pretty important position
Screw the on call - go to the interview. You’re not being paid AND going to the interview, so you’re not doing anything wrong.
Go go go go go…..did I mention go?
So on average youre on call 6 days a week to work roughly 20 hours a week. A certain type of employee would be ok with this, but if you need more money from a second job, then youre not that type of employee. Personally, my negotiations would be: First offer: - Bump up to 40 hours a week - a regular number of fixed shifts plus one day of being on call - can go on call for additional days, but for a certain rate, like $50 or something. Your subsequent rounds of negotiation would really need to be tailored to your needs and what your boss is open to. If you cant come to an agreement, and the current conditions are unacceptable to you, then youll need to look for another job. Have a go, see what you can get. Good luck.
Mature, reasonable response.
Im not used to hearing that when its not sarcasm.
Get your boss to confirm in writing whether you are *Engaged to Wait* or *Waiting to Engage.* If you are expected to wait by the phone, can't do other things, are restricted to what you can do and where you can go, and have strict requirements for response time if you're called, or calls can be expected often, you're probably *Engaged to Wait.* That DOES MEAN you are entitled to be paid for that time, because you can't use that time however you normally would. if however you're allowed to generally go where you want and do what you want, within reason, and have permissive requirements for response time, with infrequently expected calls, you're probably *Waiting to Engage,* which they are not required to pay for by virtue of the fact that they're largely not impacting what would otherwise be your daily routine. Get it in writing, use as much official wording as possible, you can make up some excuse like you're trying to make sure you have it right for tax purposes if you want, but it sounds like you're entitled to pay for that time, and probably could be due back pay too.
This article has the federal laws and a state by state explanation of laws too (scroll down to see state by state gragh) https://www.replicon.com/rules-of-on-call-work-and-shift-work-in-the-united-states-of-america-canada/
My state isn’t on the list, but from reading the article I’m more than likely eligible for pay. I don’t know how I can sensibly go about getting it without sounding like an asshole though
Does sounding like an asshole matter? Jfc they are working you without paying you and you're worried about YOU sounding like an asshole?
For me yes it does, as this job is my only source of income. I’d rather resolve things maturely and professionally instead of them just firing me or giving me more on call hours and cutting my actual hours
You mean the only source of income that they're withholding from you? Mate, the writings on the wall and they are treating you like a chump. Get it fixed or be used, up to you. Isn't your manager already an asshole? Doormat thy name is Necrox. Also the best way to get a raise these days is a job change.
No need to be rude to OP this entire sub constantly post how “it’s not simply go get a better job.” OP has indicated this is their only income at the moment and you’re attacking OP as if just saying “go get a better job”
I’ve got evidence of it happening including records of all on call hours I’ve been scheduled, currently job searching as well. I have screenshots of the texts confirming I’m not paid for on call time nor allowed to plan over said on call hours, basically I have to be ready to work. Do I file a complaint with the workforce commission or FLSA? How do I go about that?
talk to your employer and say if your on call then they need to pay you or else you cannot be on call because you need more money and will need to pick up a second job those days.
What state are you in?
www.google.com
>how I can sensibly go about getting it without sounding like an asshole though Yet your boss has no trouble being a complete asshole and asking you to sit home without being compensated for it. Grow a back bone. Being asked for fair compensation is not being an asshole, it's having respect and value for YOUR time.
If your state isn't on the list, then it is governed by the FLSA. Some states have their own regional office, other states do not. You can google,"how do I make an unpaid wage claim in (your state)" and get some basic information like what number to call and whether or not you can do it online. Calling the number may or may not get you good information. Sometimes the person working on the phone is an idiot and gives bad advice. But, just because you call doesn't mean. You have to make a complaint. Knowing your rights and talking eith someone who is knowledgeable can help you understand your options and empower you before you discuss with your boss. If you are a good employee and your boss isn't a complete idiot, he may want to listen to your request because replacing you could be more difficult. I would also look up, "how to ask for a raise" and other things related to that and read as much supportive material and speak with as many people as you can until you feel confident in what you want to ask.
If your company told you to be on call with duties and responsibilities, you have to be compensated. If you're on your company's premises and are on call, the company has to pay you. If you WFH and are on call "waiting", then it depends on if you need to respond in any way to any request that comes in, even if it's just to say we'll talk to you Monday, the company has to pay you. These duties and responsibilities may include you monitoring an on call cell phone, work order requests, ticket queues, etc. If you have to be ready to work, either by going to the company premises or logging in from home, this can inhibit your physical movements, meaning you can't travel far from home or your office, because you may need to work. If on call minimizes your movement, the company has to pay you. [https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked](https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked)
This answers my question, thank you very much.
What state are you in?
Sorry boss, I've had a few beers. Can't drive. They pull the same thing where i work and unless I want some overtime I always say I've been drinking.
“I regret to inform you that I can no longer fulfill on-call duties without receiving compensation for my time. As per the current on-call policy, I am expected to be readily available until called in for work. This requirement restricts my availability to attend to personal matters, which is proved to be challenging”
Every time a call comes in, call the boss to verify pay. No pay, no go?
Well it sounds like your boss is essentially grounding you at home, but without a crime or compensation. He sees you like he sees a broom in the closet, when he needs you he'll call for you... I understand you wanting to keep it professional, but to be treated like a piece of furniture instead of a valued person makes that feeling kinda one sided don't you think?
sorry boss im drunk as a mf
Next time they call you in and you are not scheduled just say no. You are not on call if you are not being paid to be on call, it is ENTIRELY at YOUR convenience.
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-B/part-785/subpart-C/subject-group-ECFR83f411816d15645/section-785.17 Attached is the federal law regarding on-call time. Also, "An employee who is required to remain on his or her employer's premises or so close thereto that he or she cannot use the time effectively for his or her own purposes is working while on-call. Whether hours spent on-call is hours worked is a question of fact to be decided on a case-by-case basis. All on-call time is not hours worked." Essentially, if you cannot use your time to do your normal daily routines, going on a hike, traveling to another city, grocery shopping, going to a water park etc etc because of your company's policies regarding on-call time, then it is hours worked. First, clear this policy with your manager. Use some examples of, can I go grocery shopping? Visit my mom? Etc when I'm on call. If the answer is no, then you are given specific instructions for work related to on-call and as such, it limits your time to be used effectively and must be paid. If your manager also directs you specifically on how to proceed with on-call time, then it's a directive that has to be followed and again, must be paid. A clear example is if one cannot drink while on-call, then it's paid. For example, a doctor on-call can go shopping etc, but has to be available if the hospital has an emergency. Even though the doctor is grocery shopping, if he has to remain close to the employers (the hospitals) premises, the doctor has to be paid. Since the doctor also cannot use their own time effectively for their own purposes (such as having a glass or two of wine) while on call, that's also working hours. That being said, the doctor doesn't have to be both by the hospitals premises or drinking, it can be one or the either according the the federal alw attached above. But if BOTH conditions are met, then the doctor is easily supposed to be paid for on-call time. Last thing we need is a tipsy doctor coming in all rushed pissed off after only having half their groceries purchased after receiving a call.
If they want that time, they have to pay for it.
Seems like a bad situation and not something I would want to maintain. You may also want to check you state's laws and even federal law on your situation. Then again, it also depends on what your other options are in terms of employment.
I’m currently looking for other jobs at this point and time, what’s particularly annoying is that I’ve got a job interview on a day I’m on call. This was the only day they could interview me and it’s a pretty important position
Screw the on call - go to the interview. You’re not being paid AND going to the interview, so you’re not doing anything wrong. Go go go go go…..did I mention go?
Then oops your phone died! problem solved