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Tuesday, April 7, 2026

"On-Call" Time in Healthcare Settings: What is it? When do you have to pay for it? What if you get it wrong? - JD Supra

You may understandably think that everything about this subject has been resolved long ago. But you would be wrong if you do.

The federal law that undergirds most of what you think you know about how employers have to pay employees, known as the "Fair Labor Standards Act" ("FLSA"), was enacted more than 80 years ago – in 1938. There were laws before the FLSA that addressed employees' wages and hours worked (such as the federal Eight Hour Law of 1892, which prescribed maximum hours worked by various employees in "public works" projects to eight per day), but the FLSA was the United States government's first attempt to regulate the wages paid by virtually all private employers. The "constitutionality" of the FLSA was soon challenged in court, but that issue has been settled (in favor of the legality of the FLSA) for decades.

Let's start with the basics: If you're in the healthcare business, then you may safely assume that the FLSA applies to you. Meaning what? Meaning that you must pay all "non-exempt" employees (such as employees who are NOT physicians or "executive," "professional," or "administrative" employees as those terms are defined by the U.S. Department of Labor ("DOL")) in a certain way to avoid legal hot water. (Which employees are and are not "exempt," however, is a critical subject unto itself.)

What is that way? Well, two ways, really. First, such "non-exempt" employees must be paid in a way that results in a minimum hourly wage of at least $7.25 (according...



Read Full Story: https://www.jdsupra.com/legalnews/on-call-time-in-healthcare-settings-3404622/