|
<
Library - Employment Law
Wage Claims, Overtime & Other Employee Compensation
SHOULD RESIDENT EMPLOYEES BE COMPENSATED FOR
“STAND-BY” TIME?
|
Q:
I work at a board and
care facility for the elderly. I am required to live at
the facility and I have my own room there. My work hours
are from 6 AM to 9 AM and 3 PM to 8 PM and during these
hours I assist the residents, do housekeeping, cook, and
give medicines. I am on “stand-by” from 8 PM until 7 AM
just in case an elderly resident calls or needs help. I
am not allowed to leave the facility during the stand-by
hours. I take turns with another live-in employee when
responding to calls. I have to fill out a time sheet
showing the 8 hours that I worked plus any additional
time that I spent responding to calls. These are the
only hours that are paid. Since I am not allowed to
leave the premises, shouldn’t I be paid for my stand-by
hours? |
A: Under Labor Laws, you
are considered a “resident employee” (a ‘live-in’ employee is
someone employed in a private household). Resident employees are
employees who are required to live where they work. Resident
employees must be compensated for time spent performing their
assigned duties. For example, in your case, you have assigned duties
from the hours of 6 AM to 9 AM and 3 PM to 8 PM. You must be paid
for the work you do during these hours.
However, even though resident employees are required to be at the
workplace premises for a specific period of time, they are not
entitled to be paid for time spent simply being available. If
resident employees are in the employment premises and they are
simply waiting (for a call or an emergency to respond to), but they
are free to do personal tasks while waiting (eating, grooming,
watching TV, making calls, sleeping), then they have not incurred
work hours.
“Work hours” is the time during which an employee is subject to the
control of the employer. In the case of an employee who is required
to reside on the employment premises, the time spent carrying out
assigned duties or the time spent performing physical, mental or
other specific tasks as required by the employer shall be counted as
hours worked. If the employee is merely waiting and not performing
any assigned tasks (and in fact, the employee is free to do personal
tasks), then these hours are not considered hours worked. In other
words, resident employees are not entitled to compensation simply
for being on “stand-by.”
If, during the standby hours, the resident employee performs an
assigned task (for example, respond to an emergency or assist a
resident to the go the bathroom), then the time spent doing this
task is considered hours worked. In this case, these hours should be
compensated.
©
Law Offices C. Joe Sayas, Jr.
|
