Common use of On-Call Compensation Clause in Contracts

On-Call Compensation. ‌ On-call duty requires the employee to return a call or page as soon as practicable but not to exceed fifteen (15) minutes. Employees assigned to be on-call shall: (1) leave a telephone number where they can be reached or wear a communicating device; and (2) be able to report to their work site within one (1) hour after notification. Employees can also be given a designated time of more than one (1) hour to report by the appointing authority or designee. While assigned to on-call duty, the employee shall be free to use the time for his or her own purposes. On-call duty shall be compensated at the rate of three dollars and fifty cents ($3.50) for each full hour of duty or portion thereof. On-call time shall not count as hours worked. Effective August 14, 2021, the pay shall be increased to three dollars and seventy-five cents ($3.75). The employee shall not receive on-call compensation once the employee begins work. On-call compensation shall not be paid during meal/break periods and while an employee is on paid leave (e.g., vacation, sick, etc.), except in extraordinary circumstances when other employees are unavailable, provided such exception is approved by the Chief Nursing Officer. Section 3 Standby Compensation‌ Standby duty requires the employee to return a call or page immediately. Employees assigned to standby duty shall: (1) leave a telephone number where they can be reached or wear a communicating device; (2) are required to remain in a state of readiness; and (3) after being told to report to work, employees shall arrive at the work site no later than the time it takes to commute between the employee’s home and the work site or employees can be given a designated time to report by the appointing authority or designee. Standby pay shall be compensated at minimum wage as provided by the California Industrial Welfare Commission for each full hour of standby duty or portion thereof. Standby hours under this provision shall count as hours worked for overtime purposes. Examples of application of this provision for computing overtime: Employee earning $10.00 per hour works 40 hours in a work period, plus 20 hours of standby. 40 hours x $10.00 (base salary rate)1 = $400.00 20 hours x $14.00 (minimum wage) = $280.00 $680.00 $680.00 divided by 60 hours worked (regular rate of pay)2 = $11.33 $11.33 x 1-1/2 (overtime rate) = $17.00 Pay for this week would be: 40 hours x $11.33 (regular rate of pay) = $453.20 20 hours x $17.00 (overtime rate) = $340.00 TOTAL PAY = $793.20 1Base salary rate is defined in Salary Adjustment, Section 2. 2Regular rate of pay is defined within the requirements of the Fair Labor Standards Act to include all remuneration for employment paid to the employee. When more than one rate of pay is paid for hours worked, the regular rate of pay is calculated using the weighted average of the rates of pay. The employee shall not receive standby compensation once the employee begins work. Standby compensation shall not be paid during meal/break periods and while an employee is on paid leave (e.g., vacation, sick, etc.), except in extraordinary circumstances when other employees are unavailable, provided such exception is approved by the Chief Nursing Officer. Section 4 Call-Back Compensation‌ Call-back pay is used when an employee returns to active duty and the work site at the request of the appointing authority or designee after said employee has been released from active duty and has left the work site. An employee need not be assigned to on-call or standby duty to receive call-back compensation. Call-back compensation shall be paid in the following manner. The employee shall be paid for two (2) hours at one-time the base hourly rate of pay for each call-back occurrence. Said compensation shall be in lieu of any travel time and expense to and from home and the first or last work contact point. All time actually worked shall be considered as time actually worked for purposes of the Article on “Overtime.” Employees shall not be eligible for call-back pay in the following situations: (1) special tours of duty scheduled in advance;

On-Call Compensation. ‌ On-call duty requires the employee to return a call or page as soon as practicable but not to exceed fifteen (15) minutes. Employees assigned to be on-call shall: (1) leave a telephone number where they can be reached or wear a communicating device; and (2) be able to report to their work site within one (1) hour after notification. Employees can also be given a designated time of more than one (1) hour to report by the appointing authority or designee. While assigned to on-call duty, the employee shall be free to use the time for his or her own purposes. On-call duty shall be compensated at the rate of three four dollars and fifty cents ($3.504.00) for each full hour of duty or portion thereof. On-On- call time shall not count as hours worked. Effective August 14, 2021, the pay shall be increased to three dollars and seventy-five cents ($3.75). The employee shall not receive on-call compensation once the employee begins work. On-call compensation shall not be paid during meal/break periods and while an employee is on paid leave (e.g., vacation, sick, etc.), except in extraordinary circumstances when other employees are unavailable, provided such exception is approved by the Chief Nursing OfficerAdministration Office. Section 3 Standby Compensation‌ Standby duty requires the employee to return a call or page immediately. Employees assigned to standby duty shall: (1) leave a telephone number where they can be reached or wear a communicating device; (2) are required to remain in a state of readiness; and (3) after being told to report to work, employees shall arrive at the work site no later than the time it takes to commute between the employee’s home and the work site or employees can be given a designated time to report by the appointing authority or designee. Standby pay shall be compensated at minimum wage as provided by the California Industrial Welfare Commission for each full hour of standby duty or portion thereof. Standby hours under this provision shall count as hours worked for overtime purposes. Examples of application of this provision for computing overtime: Employee earning $10.00 per hour works 40 hours in a work period, plus 20 hours of standby. 40 hours x $10.00 (base salary rate)1 = $400.00 20 hours x $14.00 (minimum wage) = $280.00 $680.00 $680.00 divided by 60 hours worked (regular rate of pay)2 = $11.33 $11.33 x 1-1/2 (overtime rate) = $17.00 Pay for this week would be: 40 hours x $11.33 (regular rate of pay) = $453.20 20 hours x $17.00 (overtime rate) = $340.00 TOTAL PAY = $793.20 1Base salary rate is defined in Salary Adjustment, Section 2. 2Regular rate of pay is defined within the requirements of the Fair Labor Standards Act to include all remuneration for employment paid to the employee. When more than one rate of pay is paid for hours worked, the regular rate of pay is calculated using the weighted average of the rates of pay. The employee shall not receive standby compensation once the employee begins work. Standby compensation shall not be paid during meal/break periods and while an employee is on paid leave (e.g., vacation, sick, etc.), except in extraordinary circumstances when other employees are unavailable, provided such exception is approved by the Chief Nursing OfficerAdministration Office. Section 4 Call-Back Compensation‌ Call-back pay is used when an employee returns to active duty and the work site at the request of the appointing authority or designee after said employee has been released from active duty and has left the work site. An employee need not be assigned to on-call or standby duty to receive call-back compensation. Call-back compensation shall be paid in the following manner. The employee shall be paid for two (2) hours at one-one- time the base hourly rate of pay for each call-back occurrence. Said compensation shall be in lieu of any travel time and expense to and from home and the first or last work contact point. All time actually worked shall be considered as time actually worked for purposes of the Article on “Overtime.” Employees shall not be eligible for call-back pay in the following situations: (1) special tours of duty scheduled in advance;; (2) the employee is called back within two (2) hours of the beginning of a scheduled tour of duty; or (3) the employee is not required to leave home. The employee shall report all time actually worked within a pay period. Such time shall be accumulative and shall be considered as time actually worked for the purposes of the Article on “Overtime.”