- FLSA Hours Worked Advisor
An employee who is required to remain on his or her employers 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.
On-call situations vary. Some employees are required to remain on the employer's premises or at a location controlled by the employer. One example is a hospital employee who must stay at the hospital in an on-call room. While on-call, the employee is able to sleep, eat, watch television, read a book, etc. but is not allowed to leave the hospital. Other employees are able to leave their employer's premises, but are required to stay within so many minutes or so many miles of the facility and be accessible by telephone or by pager. An example of this type of employee is an apartment maintenance worker who has to carry a pager while on call and must remain within a specified number of miles of the apartment complex.
Is your employee required to remain on your premises while he or she is on-call?