Assuming that you are at-will employee (do not have any contract that specified employment and compensation terms) - following regulations apply - http://www.lrc.state.ky.us/KAR/803/001/065.htm
(2) On duty. A stenographer who reads a book while waiting for dictation, a messenger who works a crossword puzzle while awaiting assignments, fireman who plays checkers while waiting for alarms and a factory worker who talks to his fellow employees while waiting for machinery to be repaired are all working during their period of inactivity. The rule also applies to employees who work away from the plan. For example, a repair man is working while he waits for his employer's customer to get the premises in readiness. The time is worktime even though the employee is allowed to leave the premises or the job site during such periods of inactivity. The periods during which these occur are unpredictable. They are usually of short duration. In either event the employee is unable to use the time effectively for his own purpose. It belongs to and is controlled by the employer. In all of these cases waiting is an integral part of the job. The employee is engaged to wait.
(3) Off duty.
(a) Period during which an employee is completely relieved from duty and which are long enough to enable him to use the time effectively for his own purposes are not hours worked. He is not completely relieved from duty and cannot use the time effectively for his own purposes unless he is definitely told in advance that he may leave the job and that he will not have to commence work until a definitely specified hour has arrived. Whether the time is long enough to enable him to use the time effectively for his own purposes depends upon all of the facts and circumstances of the case.
(b) A truck driver who has to wait at or near the job site for goods to be loaded is working during the loading period. If the driver reaches his destination and while awaiting the return trip is required to take care of his employer's property, he is also working while waiting. In both cases the employee is engaged to wait. Waiting is an integral part of the job. On the other hand, for example, if the truck driver is sent from Louisville to Paducah, leaving at 9 a.m. and arriving at 2 p.m., and is completely and specifically relieved from all duty until 8 p.m. when he again goes on duty for the return trip, the idle time is not working time. He is waiting to be engaged.
(4) On-call time. An employee who is required to remain on call on the employer's premises or so close thereto that he cannot use the time effectively for his own purposes is working while on call. An employee who is not required to remain on the employer's premises but is merely required to leave word at his home or with company officials where he may be reached is not working while on call.
Unfortunately, information you were given is correct and doesn't violated the law. An employee who is required to be on duty is working even though he is permitted to sleep or engage in other personal activities when not busy. If you are not considered on duty - that would not be working time and not required to be compensated. "putting on a uniform, finding child care, burning the gas and losing the much needed sleep" is not considered "on duty" by the law.
However, if the employer makes such "empty calls" too often or calling in several persons while actually only one is needed - that would be considered unfair employment practice and should be discussed with management first, and then may be subject of complain to the Kentucky Department of Labor - here is a complain form - http://www.labor.ky.gov/NR/rdonlyres/53933555-A3D7-499F-BEF0-2A03BEE71926/0/es8complaintform.pdf If you decide to file a complain, you need a proof of your extra expenses - such as child care, travel expenses, and time.
Edited by LEV on October 20 2007 at 10:45pm
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