Weekly Updates and News Weekly (12/2/19)
This week’s contents:
Topic of the Week Work Time
- While I have regular shifts during the work week, I also am on call outside work hours one weekend a month. Should I be paid for my on-call time?
- I’ve been doing some work “off-the-clock.” My boss knows I do it, and hasn’t told me not to do it, because many of us need to work extra time to meet our deadlines. Am I supposed to be paid for this work time?
- I am on duty for 36 hours at a time, but am allowed to sleep during that time. Does my employer have to pay me for my sleep time?
The practice of “on-call time” is becoming more widespread, as more employers agree to pay employees who agree to be available outside regular work hours if needed, and to respond by phone or computer within a certain period of time after being contacted. The increasing number of technological devices with the ability to keep individuals in touch 24/7, and employers’ willingness to allow more flexible work arrangements means that the question of pay for “on-call-time” is becoming both more common and more complex.
Time that an employee is “on-call” may, under some circumstances, be considered as work time. Generally, if you are not allowed to control and use the time for your own enjoyment or benefit, then the time will be considered work time. On the other hand, if you have control of and are able to use the time for your own benefit, then the time will not be counted as payable time.
There are a variety of factors that courts use to decide if on-call time is work time, including:
the frequency of the calls received,
the expected response time,
the length of time worked when called,
any restrictions on how far an employee may travel away from home, and
the ability of the employee to switch shifts.
On-call time must be assessed on a case-by-case basis and there is no way of describing a rule that will apply in every circumstance.
I’ve been doing some work “off-the-clock.” My boss knows I do it, and hasn’t told me not to do it, because many of us need to work extra time to meet our deadlines. Am I supposed to be paid for this work time?Yes. Employers can face expensive lawsuits when they fail to include time spent by employees performing work activities outside of their normal shifts as paid time.
Some employees, for example, may “come early” and start working before their shift’s official starting time. This time counts as work time and must be included in pay computations, provided only that the employer knew or should have known that the employee was beginning work early (and, of course, to the extent that the employee spent pre-shift time actually performing work activities). Pre-shift “roll calls” are work time; so are pre-shift meetings like safety meetings. Time spent setting up equipment before the official start time of a shift is work time.
Employees may similarly “stay late” and perform work after their designated shift time is over, but this time must be counted as work time, as well. Time spent by an employee cleaning equipment after the close of a shift is work time. Post-shift work time could also include time spent by an employee performing job-related activities “on the way home,” as for example a secretary who drops off the day’s mail at the post office or delivers some paperwork to a customer or supplier. Some employees take work home. That time may well be work time. If an employee is contacted at home by telephone for work-related reasons, the time spent is work time (and, of course, if an employee is “called back” to work, the time counts as work time).
I am on duty for 36 hours at a time, but am allowed to sleep during that time. Does my employer have to pay me for my sleep time?
If you are required to be on duty for more than 24 hours at a time, you and your employer may agree to exclude eight hours per day as sleep and meal periods, for which you are not paid, as long as your employer furnishes adequate sleeping facilities and you can usually enjoy an uninterrupted night’s sleep. However, if the conditions are such that you are not able to sleep for at least five hours during the eight-hour sleep period, or you are forced to work during that period, then the eight hours revert to time for which you must be paid.
If your work shift is less than 24 hours, then any time you are allowed to sleep during your shift is considered paid time.
Thought of the Week
“One important step employers can take to keep workers happy in their role is to give them more autonomy over how, when, and where they work. Having control over your time is actually huge. It just gives you a sense of agency over your life that is massively correlated with life satisfaction.”
–Laura Vanderkam
Weekly Comic by Jerry King
Blog of the Week
Top Five News Headlines
List of the Week
from DOL: U.S. Bureau of Labor Statistics
Time Americans Spend Working
- 89% of full-time employed persons work on an average weekday.
- Multiple jobholders are 90% more likely to work on an average weekday than were single jobholders.
- On days they worked, 82% of employed persons did some or all of their work at their workplace and 24% did some or all of their work at home.
- Employed persons spent more time working at the workplace than at home—7.9 hours, compared with 2.9 hours.
Weekly Updates and News Weekly: Archive
Select a date from the list below.
- February 22, 2021
- February 15, 2021
- February 8, 2021
- February 1, 2021
- January 25, 2021
- January 18, 2021
- January 11, 2021
- January 4, 2021
- December 28, 2020
- December 14, 2020
- December 7, 2020
- November 23, 2020
- November 16, 2020
- November 9, 2020
- November 2, 2020
- October 26, 2020
- October 12, 2020
- October 5, 2020
- September 28, 2020
- September 21, 2020
- September 14, 2020
- September 7, 2020
- August 31, 2020
- August 24, 2020
- August 17, 2020
- August 10, 2020
- July 27, 2020
- July 20, 2020
- July 13, 2020
- July 6, 2020
- June 22, 2020
- June 15, 2020
- June 1, 2020
- May 25, 2020
- May 18, 2020
- May 11, 2020
- May 4, 2020
- April 27, 2020
- April 20, 2020
- April 13, 2020
- April 6, 2020
- March 30, 2020
- March 23, 2020
- March 16, 2020
- March 9, 2020
- March 2, 2020
- February 24, 2020
- February 17, 2020
- February 10, 2020
- February 3, 2020
- January 27, 2020
- January 20, 2020
- January 13, 2020
- December 23, 2019
- December 16, 2019
- December 9, 2019
- December 2, 2019
- November 25, 2019
- November 18, 2019
- November 11, 2019
- November 4, 2019
- October 28, 2019
- October 7, 2019
- September 30, 2019
- September 16, 2019
- September 2, 2019
- August 26, 2019
- July 29, 2019
- July 15, 2019
- June 17, 2019
- June 10, 2019
- May 6, 2019
- April 29, 2019
- April 22, 2019
- April 15, 2019
- April 8, 2019
- March 25, 2019
- March 11, 2019
- March 4, 2019
- February 25, 2019
- February 18, 2019
- February 11, 2019
- January 28, 2019
- January 21, 2019
- January 14, 2019
- December 17, 2018
- December 3, 2018
- November 26, 2018
- November 5, 2018
- October 29, 2018
- October 15, 2018
- October 8, 2018
- October 1, 2018
- September 24, 2018
- September 10, 2018
- September 3, 2018
- August 29, 2018
- August 6, 2018
- July 23, 2018
- June 25, 2018
- June 18, 2018
- June 11, 2018
- June 4, 2018
- May 28, 2018
- May 21, 2018
- May 7, 2018
- April 30, 2018
- April 23, 2018
- April 16, 2018
- April 9, 2018
- April 2, 2018
- March 26, 2018
- March 19, 2018
- March 12, 2018
- February 26, 2018
- February 5, 2018
- January 29, 2018
- January 22, 2018
- January 8, 2018
- January 1, 2018
- December 18, 2017
- December 11, 2017
- December 4, 2017
- November 27, 2017
- November 13, 2017
- November 6, 2017
- October 30, 2017
- October 23, 2017
- October 16, 2017
- October 9, 2017
- October 2, 2017
- September 25, 2017
- September 18, 2017
- September 11, 2017
- September 4, 2017
- August 28, 2017
- August 21, 2017
- August 14, 2017
- August 7, 2017
- July 31, 2017
- July 24, 2017
- July 17, 2017
- July 3, 2017
- June 26, 2017
- June 12, 2017
- June 5, 2017
- May 29, 2017
- May 22, 2017
- May 15, 2017
- May 8, 2017
- May 1, 2017
- April 24, 2017
- April 19, 2017
- April 10, 2017
- April 3, 2017
- March 20, 2017
- March 13, 2017
- March 6, 2017
- February 27, 2017
- February 20, 2017
- February 13, 2017
- February 6, 2017
- January 30, 2017
- January 23, 2017
- January 16, 2017
- January 9, 2017
- January 2, 2017
- December 19, 2016
- December 12, 2016
- December 5, 2016
- November 21, 2016
- November 14, 2016
- November 7, 2016
- October 31, 2016
- October 24, 2016
- October 17, 2016
- October 10, 2016
- October 3, 2016
- September 26, 2016
- September 19, 2016
- September 12, 2016
- September 5, 2016
- August 29, 2016
- August 22, 2016
- August 15, 2016
- August 8, 2016
- August 1, 2016
- July 25, 2016
- July 18, 2016
- July 11, 2016
- July 4, 2016
- June 27, 2016
- June 20, 2016
- June 13, 2016
- June 6, 2016
- May 30, 2016
- May 23, 2016
- May 16, 2016
- May 9, 2016
- May 2, 2016
- April 25, 2016
- April 18, 2016
- April 11, 2016
- April 4, 2016
- March 28, 2016
- March 21, 2016
- March 14, 2016
- March 7, 2016
- February 29, 2016
- February 22, 2016
- February 15, 2016
- February 8, 2016
- February 1, 2016
- January 25, 2016
- January 18, 2016
- January 11, 2016
- January 4, 2016
- December 21, 2015
- December 14, 2015
- December 7, 2015
- November 30, 2015
- November 23, 2015
- November 16, 2015
- November 9, 2015
- November 2, 2015
- October 26, 2015
- October 19, 2015
- October 12, 2015
- October 5, 2015
- September 28, 2015
- September 21, 2015
- September 14, 2015
- September 7, 2015
- August 31, 2015
- August 24, 2015
- August 17, 2015
- August 10, 2015
- August 3, 2015
- July 27, 2015
- July 20, 2015
- July 13, 2015
- July 6, 2015
- June 29, 2015
- June 22, 2015
- June 15, 2015
- June 8, 2015
- June 1, 2015
- May 25, 2015
- May 18, 2015
- May 11, 2015
- May 4, 2015
- April 27, 2015
- April 20, 2015
- April 13, 2015
- April 6, 2015
- March 30, 2015
- March 23, 2015
- March 16, 2015
- March 9, 2015
- March 2, 2015
- February 23, 2015
- February 16, 2015
- February 9, 2015
- February 2, 2015
- January 26, 2015
- January 19, 2015
- January 12, 2015
- January 5, 2015
- December 29, 2014
- December 15, 2014
- December 8, 2014
- December 1, 2014
- November 7, 2014
- October 15, 2014
- October 8, 2014
- October 1, 2014
- September 24, 2014
- September 17, 2014
- September 11, 2014
- September 3, 2014
- August 19, 2014
- July 14, 2014
- June 24, 2014
- June 9, 2014
- May 26, 2014
- May 19, 2014
- May 5, 2014
- April 27, 2014
- April 14, 2014
- April 8, 2014
- April 2, 2014
- March 24, 2014
- March 18, 2014
- March 10, 2014
- March 3, 2014
- February 24, 2014
- February 17, 2014
- February 3, 2014
- January 27, 2014
- January 20, 2014
- December 30, 2013
- December 11, 2013
- December 4, 2013
- November 20, 2013
- November 12, 2013
- October 30, 2013
- October 21, 2013
- October 8, 2013
- October 1, 2013
- September 23, 2013
- September 20, 2013
- September 9, 2013
- September 4, 2013
- August 27, 2013
- August 19, 2013
- August 12, 2013
- August 5, 2013
- July 30, 2013
- July 22, 2013
- July 8, 2013
- July 1, 2013
- June 24, 2013
- June 17, 2013
- June 10, 2013
- June 3, 2013
- May 20, 2013
- May 13, 2013
- May 6, 2013
- April 29, 2013
- April 23, 2013
- April 16, 2013
- April 15, 2013
- April 8, 2013
- April 1, 2013
- March 26, 2013
- March 18, 2013
- March 12, 2013
- March 5, 2013
- February 25, 2013
- February 19, 2013
- February 4, 2013
- January 28, 2013
- January 22, 2013
- January 14, 2013
- January 7, 2013
- January 2, 2013
- December 24, 2012
- December 17, 2012
- December 10, 2012
- December 3, 2012
- November 26, 2012
- November 19, 2012
- October 29, 2012
- October 22, 2012
- October 15, 2012
- October 8, 2012
- October 1, 2012
- September 24, 2012
- September 17, 2012
- September 10, 2012
- September 4, 2012
- August 27, 2012
- August 20, 2012
- August 14, 2012
- August 6, 2012
- July 30, 2012
- July 23, 2012
- July 9, 2012
- June 19, 2012
- June 11, 2012
- June 4, 2012
- May 29, 2012
- May 21, 2012
- May 8, 2012
- April 30, 2012
- April 23, 2012
- April 16, 2012
- April 2, 2012
- March 27, 2012
- March 19, 2012
- March 13, 2012
- March 6, 2012
- February 14, 2012
- February 6, 2012
- January 30, 2012
- January 17, 2012
- January 9, 2012
- January 3, 2012
- December 27, 2011
- December 12, 2011
- November 27, 2011
- November 20, 2011
- November 13, 2011
- November 7, 2011
- October 24, 2011
- October 17, 2011
- October 10, 2011
- October 3, 2011
- September 26, 2011
- September 12, 2011
- September 5, 2011
- August 29, 2011
- August 1, 2011
- July 11, 2011
- July 4, 2011
- June 27, 2011
- June 20, 2011
- May 23, 2011
- May 9, 2011
- April 26, 2011
- April 18, 2011
- April 14, 2011
- April 5, 2011
- March 28, 2011
- March 21, 2011
- March 7, 2011
- February 28, 2011
- February 21, 2011
- February 15, 2011
- February 7, 2011
- January 24, 2011
- January 3, 2011
- December 20, 2010
- December 13, 2010
- December 6, 2010
- November 21, 2010
- November 14, 2010
- November 8, 2010
- November 1, 2010
- October 18, 2010
- October 4, 2010
- September 27, 2010
- September 20, 2010
- September 6, 2010
- August 30, 2010
- August 16, 2010
- August 9, 2010
- August 2, 2010
- July 26, 2010
- July 19, 2010
- July 12, 2010
- June 28, 2010
- June 21, 2010
- June 14, 2010
- June 7, 2010
- May 31, 2010
- May 24, 2010
- May 17, 2010
- May 10, 2010
- May 3, 2010
- April 26, 2010
- April 19, 2010
- April 12, 2010
- April 5, 2010
- March 29, 2010
- March 22, 2010
- March 15, 2010
- March 8, 2010
- March 1, 2010
- February 22, 2010
- February 14, 2010
- February 8, 2010
- February 1, 2010
- January 25, 2010
- January 18, 2010
- January 11, 2010
- January 4, 2010
- December 28, 2009
- December 21, 2009
- December 14, 2009
- December 7, 2009
- November 30, 2009
- November 22, 2009
- November 15, 2009
- November 8, 2009
- November 1, 2009
- October 26, 2009
- October 12, 2009
- October 5, 2009
- September 28, 2009
- September 21, 2009
- September 14, 2009
- September 6, 2009
- August 31, 2009
- August 17, 2009
- August 10, 2009
- August 3, 2009
- July 27, 2009
- July 20, 2009
- July 13, 2009
- July 6, 2009
- June 29, 2009
- June 22, 2009
- June 15, 2009
- June 8, 2009
- June 1, 2009
- May 25, 2009
- May 18, 2009
- May 8, 2009
- April 27, 2009
- April 20, 2009
- April 13, 2009
- April 6, 2009
- March 30, 2009
- March 23, 2009
- March 16, 2009
- March 8, 2009
- March 2, 2009