Michelle MacDonald Publishes Article Discussing Calculating Hours for On-Call Workers

April 2015

In the article “Computing Hours for On-Call Workers” published by Bender’s California Labor & Employment Bulletin, Associate Michelle MacDonald analyzes the ambiguity of calculating hours for on-call employees to determine if they are eligible for overtime. Generally, active employees will be paid 1.5 times their wage in excess of 8 hours a day or 40 hours a week worked; however, on-call shifts can exceed 24 hours a day including sleep time. Employees who are on call can often forget how many hours they have actually worked. Using an online timesheet, similar to Deputy’s employee time clock, can help employees keep track of how many hours they’ve worked. Employers may want to implement this software so they also have employees working hours on record for payroll and tax purposes. “The instance of when an on-call employee is entitled to overtime wages hinges on the extent of the employer’s control of the on-call employee’s activities during the time that he or she is waiting to be called,” says Ms. MacDonald. To determine the employer’s control Federal Courts adopted the “Barry Factors” to gauge prevented personal luxuries, job call frequency, geographical restrictions and activity restrictions. If an employer requires their on-call employees to remain on site for an extended period of time, in uniform and are unable to attend to personal emergencies, the Courts will likely grant on-call employees over time wages. Read full article.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.