HOFFMAN HOSPICE NOT MINIMUM WAGE FOR STANDBY TIME
We are investigating a class action against Hoffman Hospice legally known as Hoffman Hospice of the Valley, Inc. located out of 8501 Brimhall Road Building 100 in Bakersfield, California 93312. We represent a former nurse who worked for Hoffman Hospice who was required to be within one hour of her patient, but was not paid at least minimum wage for the period of time she was required to be within one hour of her patient.
If Hoffman Hospice paid you less than minimum wage to be on-call you are a potential witness or class member in a case we plan to handle on behalf of Hoffman Hospice nurses who were required to be on standby, but were paid less than minimum wage for the time they were required to be on standby. Please feel free to call us at 1-661-412-9600.
Standby or Controlled Standby is a legal term. Under Federal Labor Laws, time an employee spends on standby is considered work time the employee must be paid for if the time is spent primarily for the benefit of the employer. In order to determine if on-call, or standby time must be paid, courts look at whether:
- There is an on-premise living agreement
- Whether there were excessive geographical restrictions on the employee’s movements during the period of time they were on-call. We successfully handled a case in which we represented gauge readers on ships docked immediately outside of Long Beach because they could not engage in normal life activities such as going to a movie, an amusement park, or a social engagement with their family because they would have to leave and thereby waste their admission fees or disturb their family during the periods of time they were on-call.
- Whether the frequency of calls was unduly restrictive. In other words, if the employer claims employees are on-call during a weekend, but in a year’s period they are not likely to be called this may not be real controlled standby. However, if the employer disciplines the employee once the employee fails to report in on a controlled standby weekend there is a legal issue about whether the employee should be paid for controlled standby
- Whether the on-call employee could easily trade-on-call responsibilities
- Whether use of a pager (smart phone now) could ease the restrictions on having to be available. This might mean the employee has the ability to reject the assignment, or the employer begins paying them the moment the employee is called about the assignment
- Whether the employee had actually engaged in personal activities during on-call-time
- Strict requirements on how quickly the employee must report to work if on-call
- Rules about how many on-call assignments the employee can reject International Webcatalog
Please feel free to contact our Kern County labor lawyers if you have any questions about whether you should be paid for controlled standby or an on-call employment situation regardless of whether you are or were an employee of Hoffman Hospice of the Valley. Cultu UR Technologie Directory