What are the laws in Utah around being on-call – working 8 hours five days a week and on call 15 hours a day afterwards?

Question from utfacie, What are the laws in Utah around being on-call – working 8 hours five days a week and on call 15 hours a day afterwards?

Answer from AI:

Understanding On-Call Work in Utah

In Utah, as in other states, the laws governing on-call work are primarily derived from federal regulations under the Fair Labor Standards Act (FLSA). The FLSA sets the standards for minimum wage, overtime pay, and other employment practices. However, state laws can also play a role in determining how on-call time is compensated.

Federal Guidelines: Fair Labor Standards Act (FLSA)

The FLSA distinguishes between “engaged to wait” and “waiting to be engaged” when it comes to on-call time:

• Engaged to Wait: If an employee is required to remain on the employer’s premises or so close that they cannot use the time effectively for their own purposes, this time is considered hours worked and must be compensated.
• Waiting to Be Engaged: If an employee is merely on-call and can use the time for their own purposes, even if they have to be reachable, this time is generally not considered hours worked and does not need to be compensated.

For more detailed information, you can refer to the [U.S. Department of Labor’s FLSA guidelines](https://www.dol.gov/agencies/whd/flsa).

Utah State Laws

Utah follows the federal guidelines set by the FLSA. However, there are some additional considerations:

• Minimum Wage: Utah’s minimum wage is the same as the federal minimum wage, which is $7.25 per hour as of 2023.
• Overtime: Utah requires that non-exempt employees be paid overtime at a rate of 1.5 times their regular rate of pay for hours worked over 40 in a workweek.

For more information, you can visit the [Utah Labor Commission’s website](https://laborcommission.utah.gov/).

Practical Steps for Employees

If you are working 8 hours a day, five days a week, and are on-call for 15 hours a day afterwards, here are some steps you can take:

1. Review Your Employment Contract: Check if your contract specifies how on-call time is compensated.
2. Track Your Hours: Keep a detailed record of your work hours and on-call hours.
3. Consult Your Employer: Discuss your concerns with your employer to understand their policies on on-call compensation.
4. Seek Legal Advice: If you believe you are not being fairly compensated, consult with a legal professional who specializes in labor law.

When to Consult a Legal Professional

If you have specific concerns about your on-call work situation, it is advisable to consult with a legal professional. They can provide personalized advice based on your unique circumstances and help you understand your rights and options.

Additional Resources

For more information, you can refer to the following resources:

• U.S. Department of Labor – FLSA Guidelines
• Utah Labor Commission

Remember, while this information provides a general overview, it is not a substitute for professional legal advice. Always consult with a qualified attorney for specific legal concerns.