Q: How can UVA require me to work OT without it being in our policy manual and HR knowing nothing about "Pink Star Days"?
I work for UVA Medical Center and our department just implemented a new program called "Pink Star Days". These are day that I am required to be "On Call" from midnight until 7am, without pay and is overtime when called in.
The UVA HR dept does not have information on this and their is not a written dept policy on Pink Star Days. However, our Manager tells us that if we do not come in when called, it will be count against us as an unexcused absence. When these on call days started it was 12:00am to 5:30 and last week our manager changed the time to be on call until 7:00am. I would love an explanation of how they can get away with doing this to myself and my co workers?
A:
Your employer is free to implement new policies, including on-call requirements, without prior warning and without a written department policy. You must be paid for time spent actually performing work if you are called in.
However, whether the entire on-call shift must be paid depends on a variety of factors. Typically, if you are not required to remain on the employer's premises and instead are only required to be reachable while using that time for your own purposes (including sleeping), it is not compensable time. This also depends on how frequently you receive calls and how much of the on-call shift is spent actually working. Unless the requirements are unusually onerous, your employer does not have to pay you for the entire on-call shift. You should contact an employment attorney in your area to discuss the specifics of your situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
