Question:
Dear Nancy,
I am a salaried RN required to be on-call 24/7 for a group home for the developmentally disabled, yet I am considered exempt for on-call pay.
Hypothetically, if I were to go out in the evening and have drinks to the point of legal intoxication and received a call for instructions to provide treatment, care or medication, etc., wouldn't that be considered practicing under the influence? Should I not receive some on-call compensation because my actions and my life are restricted, to an extent?
Rhonda
Dear Nancy replies
Dear Rhonda,
The federal Fair Labor Standards Act and state law that most often mirrors the FSLA defines whether one is a salaried employee, and therefore not required to be paid overtime or on-call compensation, or if one is a non-exempt employee, and therefore overtime and on-call compensation is required to be paid.
Since you are a salaried employee, you would not be eligible for additional overtime or on-call pay because, as the thought behind the categories goes, your salary compensates you more than those who would get additional pay when working overtime or when on-call. The greater salary is due to the additional responsibilities the employer requires of the person in this position.
Should you have a concern about your status as an exempt/salaried employee, you might want to discuss this with your employer's human resource department. You also can review the categories and other information on your state agency's website that deals with hourly rates, salaried employees and so forth. Often, these websites have a link to how employees are categorized and where to get further information about this process.
If, though, you are properly categorized as a salaried/exempt employee, there is little you can do to change that due to the requirements of the applicable law(s). Be clear, too, just receiving on-call compensation would not negate the prohibition of "practicing under the influence" when on-call duty or when on duty 24/7 as a salaried RN. Being "clean and sober" is a condition of the position and, as such, can only be eliminated by taking a job that does not require that obligation.
Cordially,
Nancy
