Ask the ExpertCategory: QuestionsBill 148 – On Call Pay Changes
hri_Admin Staff asked 4 years ago

With the upcoming Bill 148 changes with respect to on call pay, are all employees, regardless of position, covered by this ESA change? Example: Managers, Supervisors, Staff?

1 Answers
Glenn Demby Staff answered 4 years ago

NO re: managers and supervisors; MAYBE re: other staff who are currently covered by ESA.
Explanation: Generally speaking, Bill 148 expands the rights and benefits of workers the ESA already covers but not the scope of who those people are. In other words, managers and supervisors who weren’t covered by the ESA before are not covered now that Bill 148 has taken effect.
But the on call pay changes are a little more subtle. They don’t apply to a supervisor/manager not covered by the ESA but they may make certain covered workers who weren’t entitled to on call pay under the previous rules entitled to it now. Let me explain:
Before: On call pay was due to workers required to present themselves at work and end up working less than 3 hours
After Bill 148: Eligibility for on call pay has expanded to include workers who are on-call or scheduled to work and available to work at least 3 hours and who:
>Are called to work but work less than 3 hours; OR
>Aren’t called to work, such as when their shift is cancelled within 48 hours* before it’s due to start unless cancellation is due to circumstances beyond employer’s control

(*48-hour cancellation rule doesn’t apply if the cancellation is weather-related and work is weather-dependent)
Best way to think of it is a change NOT in which positions are eligible for on call pay but in the circumstances under which workers covered by the ESA qualify for it. Hope that helps. It sounds kinda’ complicated when you explain it but it’s actually fairly simple and straightforward. Glenn 203 354-4532