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May20

Call In Rules

I understand that you can schedule call in shifts to employees. My question is that is there a rule on making the EMPLOYEE call in at a scheduled time for the call in shift to be told they need to come to work or be dismissed. Or does the EMPLOYER have to call in the employee at the set time to tell them to work or be dismissed? And if so, I understand that you don’t have to pay the employee unless they have to work, but if they are at a movie or something and have to call in during the movie, but not needed to come in, do they have to be compensated for the call in since they are told to call in on day off instead of being called by the employer?

There is no federal mandate that requires either the employer or the employee be the one to call for a call in shift. This is completely at the discretion of the employer and common practice varies based on the industry.

Compensation guidelines are established by the federal Fair Labor Standards Act (FLSA). Under the FLSA, non-exempt employees must be paid for any time they’re suffered or permitted to work.

An employee who is required to remain on call on the employer’s premises is clearly suffered to work and must be compensated. However, an employee who is required to remain on call while at home and has the freedom to conduct personal matters is not considered to be working and need not be compensated (in most cases).

Asking an employee to call at a specified time for the call in shift is not considered working time and compensation is not required for the time spent making the phone call. The time spent making the phone call is nominal.

This entry was posted on Saturday, May 20th, 2017 at 6:58 pm and is filed under
Compensation, Human Resources Management.
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