Legal Question in Employment Law in Florida
On Call Policy
I am a Home Health RN with a company since May at this time then never explained this policy to me until I was withheld pay and foundout about the policy by default.
It states in the policy F/T is 32 to 40 hours. I am F/T.
We also have to rotate weekend call.
As F/T it is required that my productivity is 35 units/week.
I work on-call one weekend and did not make the productivity M-F so they tried to doc my pay until I came to the 35 units.
The next day they come up with a revision of the policy that our work week is M-S as F/T.
And that we will be docked the pay until the 35 units are acheived.
1- How can a work week be M-S? If they say 32-40 bours is F/T.
As F/T I am availabe for the 8 hours M-F. As a field employee I have no control over the business that comes in or how the supervisors assign the case loads.
They also want you to work straight through the weekend with out a day off and no extra money if productivity is low.
2-How can they require you to work 12 days with no extra compensation or days off?
1 Answer from Attorneys
Re: On Call Policy
Your employer is free to set the workweek as Monday through Saturday and they are not required to give you days off. However, unless you are a salaried employee and/or unless your employer's written policy constitutes an exception to the overtime laws, then if you are paid per hour, your employer is required to pay you for any and all hours including time and one half your regular rate of pay for any hours above 40 in a particular week.
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