[DOWNLOAD] "Dinges v. Sacred Heart St. Marys Hospitals Inc." by Seventh Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free

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eBook details

• Title: Dinges v. Sacred Heart St. Marys Hospitals Inc.
• Author : Seventh Circuit U.S. Court of Appeals
• Release Date : January 07, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Working more than 40 hours per week draws premium pay under the Fair Labor Standards Act, 29 U.S.C. sec. 207. Should hours spent "on call" be treated as work? According to the Supreme Court, the answer depends on whether one has been "engaged to wait" or is "waiting to be engaged." Compare Armour & Co. v. Wantock, 323 U.S. 126 (1944), with Skidmore v. Swift & Co., 323 U.S. 134 (1944). That evocative distinction rarely decides a concrete case; on-call time readily can be characterized either way. For most purposes it is best to ask what the employee can do during on-call periods. Can the time be devoted to the ordinary activities of private life? If so, it is not "work." Even a functional approach produces close calls, however; this is one.

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