“On Call” Does Not Equal “On the Clock”

Often, job duties require employees to carry pagers or cell phones and be available in case of an emergency. Employees often feel as though their free time is restricted due to the possibility of being called into work and that times where they are on call should be considered “on the clock.” In a recent decision, the U.S. Court of Appeals for the Sixth Circuit, which has jurisdiction over Ohio, Adair v. Charter County of Wayne, 452 F.3d 482 (6th Cir. 2006), declared that this time is not compensable if certain conditions are met.