On Or Off the Clock: Understanding On-Call Time
Residents of the Commonwealth of Massachusetts enjoy many legal rights as workers, ensuring just compensation and fair treatment in the workplace. When it comes to on-call time, it is vital to understand your rights as an employee, in order to guarantee that you receive the wages that you are owed. Below, we’ll parse through this sometimes vague term, “on-call time”, and help you better understand your wage rights.
What is On-Call Time?
On-call time, as defined in Regulation 454 CMR 27.04 (2), is, “compensable working time unless the employee is not required to be at the work site or another location, and is effectively free to use his or her time for his or her own purposes.” Put simply, if you are required to be at your worksite or another location, your time is reserved for your employer, and you perform work for their benefit during that time, you may be due compensation.
However, there are no strict set of rules to determine whether on-call time is compensable; instead, the Court weights a number of factors. Namely, the Court will assess whether or not your on-call time is compensable depending on (a.) whether that time is strictly reserved for your employer, (b.) to what extent you are prohibited from utilizing that time for your own personal activities, and (c.) how often during that time you are called to duty.
What Is an Example of Compensable On-Call Time?
Take, for instance, you work at the front desk of a small hotel. Once a month, you are scheduled to work forty-eight hours in a row with two eight-hour breaks, during which time you are permitted to sleep in one of the hotel rooms. During those eight-hour sleeping periods, you must stay in the hotel and be accessible by phone, as certain guests may need assistance in the middle of the night. If most weeks you are able to get a full eight hours of uninterrupted sleep and are otherwise permitted to use those eight hours as you see fit within the confines the hotel, you may not be entitled to compensation for those on-call shifts. However, if you are regularly called to action during each of those eight-hour overnight shifts such that you cannot get a full night’s sleep, your employer may be required to pay you for all eight hours.
Are There Exceptions to On-Call Wages?
Yes. An employer and employee can enter into a written agreement that calls for sleeping time and mealtime to be excused from compensable working time. However, that agreement must be made prior to the hours worked. Additionally, in the case of sleeping time, your employer must provide you with adequate sleeping quarters and the sleeping hours must be uninterrupted. 454 CMR 27.04 (3)(b). Further, your employer must know or should know had they reasonably inquired whether you performed work during those hours. For this reason, it is important that you document your time spent working during on-call time.
What Should I Do If I Am Not Compensated for On-Call Time?
If you believe you’re owed compensation for on-call time and have not received it, contact a Massachusetts wage and labor attorney. An attorney can help you assess your claims and help you identify the best path forward. Under the Massachusetts Wage Act, you may be entitled to triple the amount of wages you are owed. Whether you’re seeking guidance from an employee discrimination lawyer or an attorney specializing in wage and labor issues, contact MA Employment Lawyers today for a consultation with an employment law specialist.
