According to this no furlough days or vacation should be applied for
on call coverage. You should be paid your regular full time wages for
the time period covering on-call duties.
According to the FLSA, if a salaried employee works for a single part
of a day, the employer must pay the salary for the entire work week.
Carrying his phone, staying in town and being the point person with
the responsibility of manning the bat-phone is WORKING in my opinion.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm
"Subject to the exceptions provided in paragraph (b) of this section, an
exempt employee must receive the full salary for any week in which the
employee performs any work without regard to the number of days or
hours worked. Exempt employees need not be paid for any workweek in
which they perform no work."
None of the exceptions cover when an employer shuts down a facility or
furloughs any staff.
I'm not a lawyer but this seems pretty clear. If the campus requires
anyone to on be on call during the campus closure then that person,
and from what I can tell, anyone called in during this time, should be
paid for the week.
No comments:
Post a Comment