Utah Admin. Code R477-8-10 - On-call Time
(1) Management may
direct an employee to be available for on-call work.
(a) Management shall compensate an FLSA non-exempt
employee for on-call time at a rate of one hour for every 12 hours the employee is
on-call.
(b) Management may compensate
an FLSA exempt employee at a rate equal to or less than one hour for every 12 hours
the employee is on-call.
(2)
Time is considered on-call time when the employee has freedom of movement in
personal matters as long as the employee is available for a call to duty. An
employee may not be in on-call status while using leave or while otherwise unable to
respond to a call to duty.
(3)
Management may not enter into on-call agreements with employees unless the agency
has a policy consistent with this rule and finance policy.
(4) On-call status shall be designated by
management in writing on an annual basis. Carrying a pager or cell phone does not
constitute on-call time without this written agreement.
(5) The employee shall record the hours spent in
on-call status, and any actual hours worked, on the official time record for the
specific date the hours were incurred to be paid.
(6) An employee may not record on-call hours and
actual hours worked for the same period of time. On-call hours, actual hours worked,
and leave hours cannot exceed 24 hours in a day.
(7) An employee shall round on-call hours to the
nearest two decimal places. Hours of on-call pay are calculated by subtracting the
number of hours worked in the on-call period from the number of hours in the on-call
period then dividing the result by 12.
(8) Management may not compensate on-call
employees less than outlined in Subsections (1) through (7) but may provide
additional compensation as permitted by budgets and consistent applications of
rules, policies, and discretion.
Notes
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