Work Question Regarding Call Back and Overtime.

[LD1]

Playing devils advocate here....

Not sure what you do day to day. But it appears you do not have a specific list of duties that occupies a full 8 hr day?

If you get called in for 5 hours on a weekend.....and have to reduce to 35 hours the following week, are you still expected to get the same amount of work done as if the emergency didnt happen and you have 40 hours to do it?

Or if you reduce your hours to 35/wk permanently like you suggest, are you still gonna be expected to do all your work you currently do in 40 hours?

Mgmt could very easily look at this as "why are we employing you for 40 hrs a week when you do 30hrs a week of work"

 

[Dadnatron]

This shouldn't be a LEGAL question. It should be an employer/employee question which is resolved mutually. If you don't like the work or think it is not right, don't do it. Move on and find another job.

Personally, I think it is corporate BS and I am with you on what is 'RIGHT'. However, I am NOT in any sort of agreement with anyone stating that .gov should be in the mix in this situation. The issue is one of mutual benefit or not. The corporation has the right to choose how their employable positions are handled. YOU have the RIGHT to say Yes, No, or make an alternative solution that your employer will find acceptable.

Frankly in your case, I would refuse to accept the removal of planned normal routine work, because you were needed off hours. That is crap and I wouldn't accept it. I would give them the option to pay overtime or additional paid vacation perhaps, but not work all night Sunday so you can then be required to take off normal hours that week.

This is one of the biggest problems with medicine right now. It is ran by MBAs who have no clue about actually dealing with people. They see everything as purely #s... until they break the business, at which time they parachute out and a new MBA comes in to 'fix' the problems caused by the previous one.

BUT... don't rely on .gov... they WILL NOT be able to help you. The cost of that reliance will far outstrip the benefit.

 

[Sigarms]

Seems logical unless I'm overlooking something?

Sometimes the size of the company has a direct relationship to the common sense used when it comes to the bean counters?

Been there done that...

 

[EarPlug]

My Admin is not a person to go around Corporate and Corporate has set me up as Hourly so OT and Call Back must be paid when due which creates a problem from Corporate for her as to why am I getting Called Back?

I'm going to suggest I reduce my shift by 30 minutes each day making it 7.5 work plus the mandatory Meal Break of 30 minutes... this way when I get Called Back there will be 5 hours each pay period to play with and at the end of the pay period "Back Fill" with Vacation hours any shortfall to make 80 hours...

Seems logical unless I'm overlooking something?

Per California Labor Law anyone who works more than 8 Hours in any given day will receive overtime pay at a rate of 1.5x. Any time worked over 12 hours on any given day is a rate of 2.0x. This is applied even if you work ONE DAY PER WEEK. Other rules apply if you work more than a 40 hour / 5 day week.

If they call you in and you are over 8 hours that day then you get overtime. There does not appear to be anything in the Law about minimum hours of callout pay.

https://www.shrm.org/resourcesandtools/tools-and-samples/how-to-guides/pages/californiahowtocalculatedailyandweeklyovertimeincalifornia.aspx

 

[dmccarty]

Lots of good comments by others and many comments by Ultra I wanted to quote and respond too....

When organizations changed Personnel to Human Resource it just makes it easier to not think about humans affected by decisions. Laying off resources is easier than laying of people. When everything is a resource, people, trucks, computers, desks, buildings, etc, getting rid of a resource is easy to do because they are all the same. Course people are not resources. Using the word resource when talking about people ticks me off to no end.

One of the organizations I work for has had enormous changes over the last few decades and none of them have been good. Many of the things are you doing, thinking, and saying apply to me and my coworkers. I have seen coworkers just torn to pieces about what has happened to the organization. They really could not let go of what was and what is. Some realized this early on but some only figured it out after they had been given notice. They wanted to work they way the used to work. Do what they used to do because it was the right thing to do for the Customer and The Company. Management would say do X, and that might not be the best thing to do so some would not do it, and they would suffer the consequences. Management signs the pay check, and if they want to me to do X, so be it. If X is not really the best thing to do, I will say so, but as long as X is legal that is what they pay me to do.

If they told me no OT and I am only to work certain hours. So be it. If there are problems then that is managements problem. After all they made the decision so let the chips fall.

Many years ago I was a contractor. Course the contract company does NOTHING for me but skim part of the pay check. I really work for the company that pays the contract company. Not legally of course, that is why they are using contractors, but it is the reality. My contract said I would get time and half for OT. After, a few years, the company paying the bills said they would not pay time and a half of OT. Only straight time. This was a decision out nowhere and in complete violation of the CONTRACT. I called the state and Feds to see if they would enforce the law and the answer was no. I made too much per hour.

So I asked the contract company if they would honor the CONTRACT and of course they said no. I told them, and the company that was really paying the bills, that *** I *** would honor the contract even though they were both in violation. :laughing::laughing::laughing: I would work 40 hours a week and not one minute more. Worked for me since I did not want the OT. :thumbsup::laughing::laughing::laughing: Eventually, the contract expired, I called up a different contract company who were more than happy to skim my wages, and I worked out a new pay rate based on the amount of OT I had in the past vs working the same hours but with straight time for OT.

A long time ago I figured out the following. I have said it to people unhappy with "work," and while it is easy to say and hard to do, I have followed it several times. The place where I had the contract issue got worse and worse so I followed my own advice. :laughing::laughing::laughing:

If you don't like what is happening, work the change it.
If you cannot change/fix the problem, then you have to accept it is what it is.
If you cannot accept the way it is, then it is time to leave.

My organization has changed and I have accepted the changes. It used to be far worse but things have gotten better, and maybe, just maybe there is a light at the end of the tunnel. Hopefully, it is not a train. :laughing::laughing::laughing: But I have seen places that have gotten worse and were not going to get better so I left. Done this a couple of times with no regrets.

Later,
Dan

 

[MossRoad]

Per California Labor Law anyone who works more than 8 Hours in any given day will receive overtime pay at a rate of 1.5x. Any time worked over 12 hours on any given day is a rate of 2.0x. This is applied even if you work ONE DAY PER WEEK. Other rules apply if you work more than a 40 hour / 5 day week.

If they call you in and you are over 8 hours that day then you get overtime. There does not appear to be anything in the Law about minimum hours of callout pay.

https://www.shrm.org/resourcesandtools/tools-and-samples/how-to-guides/pages/californiahowtocalculatedailyandweeklyovertimeincalifornia.aspx

Read the exemption list to overtime in California....
Exemptions from the overtime laws

Overtime

 

[ultrarunner]

One of the organizations I work for has had enormous changes over the last few decades and none of them have been good. Many of the things are you doing, thinking, and saying apply to me and my coworkers. I have seen coworkers just torn to pieces about what has happened to the organization. They really could not let go of what was and what is. Some realized this early on but some only figured it out after they had been given notice. They wanted to work they way the used to work. Do what they used to do because it was the right thing to do for the Customer and The Company. Management would say do X, and that might not be the best thing to do so some would not do it, and they would suffer the consequences. Management signs the pay check, and if they want to me to do X, so be it. If X is not really the best thing to do, I will say so, but as long as X is legal that is what they pay me to do.

1. If you don't like what is happening, work the change it.

2. If you cannot change/fix the problem, then you have to accept it is what it is.

3. If you cannot accept the way it is, then it is time to leave.

I'm pretty much on step 2 now... it took 9 months of being on step 1 to get to step 2... and part of this is because the company line is they are always open to a better way and just because ownership changed they very much want us to keep doing what we do best... sounds great but in reality there are so many in the mix now making it impossible... one of the biggest is they are breaking down each job classification to be able to mix and match... with no overlapping skills needed or desired.

The 2 hour minimum for Call Back came from the Employee Handbook... in 9 months I am the only non manager that gets call back.

 

[EarPlug]

Read the exemption list to overtime in California....
Exemptions from the overtime laws

Overtime

Don't see where any of the exemptions apply. He is on the Time Clock - Hourly Employee.

 

[dmccarty]

1. If you don't like what is happening, work to change it.

2. If you cannot change/fix the problem, then you have to accept it is what it is.

3. If you cannot accept the way it is, then it is time to leave.

I'm pretty much on step 2 now... it took 9 months of being on step 1 to get to step 2... and part of this is because the company line is they are always open to a better way and just because ownership changed they very much want us to keep doing what we do best... sounds great but in reality there are so many in the mix now making it impossible... one of the biggest is they are breaking down each job classification to be able to mix and match... with no overlapping skills needed or desired.

The 2 hour minimum for Call Back came from the Employee Handbook... in 9 months I am the only non manager that gets call back.

Yes, I think you are at Step 2.

Earlier in the year you were at Step 1, not realizing there was a new Sheriff in town, and YOU had to change. I understand that VERY well. Unfortunately.

The question is do you HAVE to go to Step 3?

That really is on you which is not a bad thing. I saw too many people torn up mentally and physically at Step 2 and not able to accept reality. They had too many years in, had spent their life working for the organization, put their life and soul into the place, knew what it USED to be like, and wanted what USED to be to return. Used to be ain't coming back. They just good not let go. It was grieving in many ways.

So can you accept it as it or is it time to move on?

Only you can answer but seeing a place change, and not see that change as good, is hard to watch. Without acceptance it can really mess one up physically and mentally. No place is worth that cost. Been There Done That and have a closet full of T Shirts.

If it were me, which is not really fair since I am not in your shoes, I would be inclined to do what management has told me to do. You have told them that this is NOT going to work but they won't listen. So be it. No OT. Follow the law to the letter. If they want me after hours, then it is time and half. No exchanging OT for straight time. When long time contractors walk away. So be it. When surgeries have to be canceled because things are not done. So be it. If the janitors walk off the job for not being paid. So be it. Tell them to call the TV news. TV would LOVE to hear that a big, evil, health care corporation is NOT paying its bills so that employees can't buy groceries.

The people who made these decisions need to see the problem, which will be painful, and they need to be held accountable. Will they get what they have earned? Maybe not but you should not be pulling their bacon from the fire.

Later,
Dan

 

[ultrarunner]

Yes, I think you are at Step 2.

Earlier in the year you were at Step 1, not realizing there was a new Sheriff in town, and YOU had to change. I understand that VERY well. Unfortunately.

The question is do you HAVE to go to Step 3?

That really is on you which is not a bad thing. I saw too many people torn up mentally and physically at Step 2 and not able to accept reality. They had too many years in, had spent their life working for the organization, put their life and soul into the place, knew what it USED to be like, and wanted what USED to be to return. Used to be ain't coming back. They just good not let go. It was grieving in many ways

I can tell you guys have been around the block once or twice... it is all new to me... and it shows!

One of my older friends... heck they are all older... said be glad that I have a front row seat.

Today, due to a project, I started at 4 am and was out on time at 12:30 pm... and had lunch at 8:30... several of the managers had afternoon worked lined up for me and I said that would be me over and that was the end of that.

On a separate minor point... I need to order a 10 pack of specific light bulbs and my price is $1.52 ea with free shipping... takes me literally 2 minutes to log in to my Grainger Account and done.

Today is the first time I had to go through Procurement... no less than 4 individuals not counting me were going back and forth as to whether we needed the light bulbs... why am I ordering 10, how quickly will I go through 10, let us shop it for price... etc.

We only need the light bulb if we want the Doctor's Changing Room to have light, I order a box of 10 because they don't arrive broken ordering a full box, 10 should last 18 months and my price with No Cost Shipping for GE is the best...

For a $15.20 purchase the company spent hours... purchasing even traded several emails with the Hospital Admin who has a hospital to run...

Several hours vs. two minutes and done.... and by done I mean I would have the product in hand tomorrow.

I have my TBN brothers to thank as I just remained calm and answered the dozen e-mails forwarded my way... and was told I should have the light bulbs by the end of the week... meanwhile I pulled two from elsewhere because Happy Docs = Happy Work Life.

My under 10 nieces sing the song from Frozen all the time... Let it Go