Although not always required to by law, many employers
have policies that guarantee a certain minimum number of hours of
work or pay for callback and report-in situations. When drafting these
policies, employers should keep these points in mind:
• A policy on report-in pay should specifically exempt
situations beyond the control of the employer, such as fire, weather,
and loss of electrical power.
• It is important to specify the method of communication
(for example, a specific radio station) that will be used to notify
employees not to report to work and how soon that notice must come.
• In providing for callback pay (for emergency call-in
after regular working hours), clearly explain the formula for computing
the guaranteed minimum pay.
Example: Employees called
in to work at a time other than their regularly scheduled work hours
are to be guaranteed a minimum pay equal to four times their regular
straight-time hourly rate, regardless of whether all the time is worked.
If the hours worked on a call-in basis would normally call for an
overtime premium, the hours actually worked will be paid at time and
one-half (1 1/2). Any hours not actually worked
will be paid at the specific employee's regular straight-time hourly
rate sufficient to make up the 4 hours guaranteed minimum.
• Address whether a callback is mandatory.
Example: Employees are
expected to respond to such calls unless prevented from doing so by
prior personal commitments. An employee who refuses to report to work
under these circumstances on three separate occasions within a 3-month
time period may be passed over for promotions or transferred to a
position that is not subject to being called in. If the position to
which the employee is transferred carries a lower pay grade, the employee's
compensation will be reduced accordingly.
Scope of the report and callback
pay rule. The report and callback pay rule is not restricted
to situations designated as such by the employment agreement. It may
be applied to any situation where the employee performs work outside
regular working hours, is guaranteed a minimum number of hours, and
does not work the number of hours covered by the guarantee.
Rest period payments may be treated
as callback payments. Premium payments made solely because
the employee has been called back to work before the expiration of
a rest period between shifts may be treated as callback payments and
may be excluded from the regular rate of pay. However, since these
payments are not for overtime but are made solely because of the interruption
of a rest period, they may not be offset against statutory overtime.
Last reviewed on February 9, 2017.