Employees have the right to be paid for all of the hours they work. That includes “on-call” time, at least in some situations.
Employers commonly require workers to be “on-call” in certain shift work and other jobs, meaning they must be ready to work as needed or in case of an emergency. Whether workers must be paid for this time depends on the restrictions the employer imposes while they wait to be called into work.
At Justice Law Corporation, our Washington wage and hour attorneys can help you determine whether you are being shortchanged, whether due to “on-call” time, failure to pay additional wages for overtime, or other reasons. We are experienced lawyers who have a track record of success in helping people ensure that they are fully paid for their work.
Here is what you need to know about on-call time in Washington.
What is ‘On-Call’ Time?
“On-call” time typically refers to periods when an employer requires an employee to be available to work, if needed. It often means being prepared to start a shift early to respond to emergencies or handle unexpected issues. The employee might not be actively working the entire time, but they are “standing by” to respond.
An “on-call” employee who actually gets a call, shows up to work, and does the job must be fully paid for the time they work. That includes time-and-a-half overtime pay for all hours beyond 40 in a given week.
But what happens if you do not get the call? It depends.
When On-Call Time Must Be Paid
An employee who is simply asked to be available to come in if called generally does not have to be paid for this time. This is often referred to as the time when the employee is “waiting to be engaged.”
The situation changes when employers put restrictions on what else the person can do while waiting to see if he or she will get the call. This is often referred to as time in which the employee is “engaged to wait.”
An employer that significantly restricts how an employee spends “on-call” time is likely to be required to pay the employee for that time.
For example, an employee must be compensated if required to remain on the employer’s premises during “on-call” time. The same is true if the person has to stay so close to the workplace that he or she cannot use the time effectively for personal purposes.
Similarly, an employee may be entitled to on-call pay if he or she is required to stay at home or remain reachable at a moment’s notice. The question is whether the employee is being restricted in a way that prevents him or her from engaging in meaningful personal activities. If so, this is on-call time that must be compensated.
When On-Call Time May Not Be Paid
To be clear, not all “on-call” time must be paid.
If an employee is only required to be reachable—leaving a phone number and responding if called—this probably isn’t enough to mean he or she is on the clock. Especially if the employee can otherwise use the time for personal activities.
The story may be different for unionized workers covered by collective bargaining agreements. These contracts often include provisions detailing “on-call” requirements and the circumstances in which workers must be paid for being available to do their jobs.
Washington law does not explicitly define every “on-call” scenario. The deciding factor is how much the employer restricts the employee’s use of that time. A Washington wage and hour attorney at our firm can help you understand your rights and determine if you are owed pay for “on-call” time.
Getting Back Unpaid On-Call Time
Workers in Washington who are wrongly denied pay for “on-call” time have the right to fight back.
The Washington State Department of Labor & Industries investigates complaints of wage and hour violations. Workers can file such complaints for unpaid “on-call” time, as well as for violations of minimum wage, overtime pay, and rest break laws.
Workers also have the right to sue their employers for wage theft. Class actions are a powerful tool that allows employees who have been underpaid to join together and file a claim on behalf of a larger group.
Seattle’s Predictive Scheduling Rules
There is an extra layer of protection for certain on-call workers in Seattle, thanks to the city’s secure scheduling ordinance. The law is designed to compensate workers in fast-food and retail jobs for last-minute schedule changes.
The law requires employers to give employees at least 14 days’ notice of their work schedules. It also forces employers to compensate workers with “premium pay” when they make scheduling changes with less than 14 days’ notice.
Premium compensates employees for the inconvenience of last-minute changes. It includes:
- One hour of pay for hours added to a shift or when a shift date or time is changed.
- Half of the hours not worked when an employee is sent home early from a shift.
The ordinance also covers “on-call” time. It requires employers to pay employees for half the hours not worked when an employee is scheduled for an “on-call” shift and is not called in.
Our Washington Wage and Hour Attorneys Can Help
If you believe that your employer is violating your rights on the job, whether it is by being underpaid or in other terms and conditions, you do not need to go it alone. A Washington wage and hour attorney at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Our office is conveniently located in Seattle. Contact us at (360) 207-0000 to schedule a free consultation with a Washington wage and hour attorney.
