In Wisconsin, labor laws are governed by the Wisconsin Administrative Code and the federal Fair Labor Standards Act. Workers in the state need to be aware of both sets of laws to know their responsibilities and rights, including the right to on-call pay.
On-call employment does not guarantee that work hours will be available in a given pay period. The employer contacts employees with available work as it arises.
An employer is required to compensate all employees for any hours worked. Any hours spent waiting for an assignment are considered hours worked. If on-call time can be considered work, then this time must also be compensated.
According to federal law, if an employee is required to stay close enough to work to get there within five minutes (or 10 minutes in rural areas), the employee's ability to use his time for his own purposes is compromised, and on-call time is considered work, even if it is spent waiting. By state and federal law, then, the employee is required to be paid for time spent on call.
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