Toronto Employment and Labour Law Blog: Ten Critical Employment Issues Every Employer Must Face #8

Ten Critical Employment Issues Every Employer Must Face #8: Wake Up Call for On-Call

Phil the Pharmacist owns a thriving pharmacy in Smallville, Ontario called “Phil’s Pharmacy”. In addition to Phil’s Pharmacy’s onsite retail and dispensary operation, it has also the exclusive contract with the provincial government to provide just-in-time mixing and delivery of intravenous medications to individuals and long-term care homes within a 200 km radius.

The demand for such deliveries fluctuates on a daily basis and is unpredictable. Currently Phil has 20 drivers on staff.  A system has developed such that each driver works five days a week, with two days off on a rotating schedule.  However, to manage “demand peaks”, every two weeks each driver is expected to be “on call” for two (2) days.  Such drivers carry a company issued smart phone.   If an on call driver receives a call from the dispatch office, s/he has fifteen minutes to arrive at the pharmacy and pick up the medications for delivery.  If the driver arrives on time, s/he may then proceed with the deliveries and is paid her regular hourly wage for the hours on the road.  If s/he is not called into work, s/he is not considered to be working and receives no compensation.  

Under the Fair Workplaces, Better Jobs Act, 2017 amendments to the ESA, when employees are "on-call" and not called in to work, they must be paid three hours at their regular rate of pay. This would be required for each 24-hour period that employees are on-call.

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