In this four part series, attorney, Nicholas Porto, explains employee management issues that need to always be on your radar.
They include: how to handle on call time, overtime requirements, employment records and independent contractors. In this first post, Porto will discuss employee on call time.
Many companies operate businesses that require employees to be on call to serve clients and customers at a moment’s notice. That is all well and good, but you must make sure your business is following on call labor laws and best-practices. Here are some tips to keep in mind:
- Many states also have minimum wage laws. If an employee is subject to both state and federal minimum wage, they are entitled to a higher rate. You must make sure your employee is compensated for their correct pay rate, based on how many regular hours and on call hours they worked.
- In addition, minimum wage must be paid every workweek (7 consecutive 24 hour periods/can’t average two weeks together).
- Keep in mind on call time must be compensated for if the following occurs: the employee has to be within 30-50 miles of a set location, the employee must respond within 30-minutes, the employee is required to be sober and they will be disciplined if they fail to respond.
- If it is determined you have not been compensating employees correctly you could be on the hook for attorney fees and monetary penalties.
If your business does frequently have employees on call there are some ways to legally work things to your benefit that include: implement voluntary on call hours, designate a night shift worker and include all employee management information in your employee manual. (Find complete information on employee manuals here.)
About the Porto Law Firm
The Porto Law Firm was founded in 2011 with a vision of providing uncompromised legal advocacy to businesses and individuals in a cost effective manner. Each client is provided constant access to their attorney and we are proud that most of our clients turn into our closest friends. Its current practice areas include general civil litigation, real estate law and disputes, business litigation and formation, and personal injury. In addition, the Porto Law Firm has developed a national reputation for our breadth of knowledge in legal issues specific to the towing and transportation industry.