About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

40 U.S.F. L. Rev. 217 (2005-2006)
Reforming the Fair Labor Standards Act: Recognizing On-Call Time as a Distinct Category of Compensable Work

handle is hein.journals/usflr40 and id is 225 raw text is: Reforming the Fair Labor Standards Act:
Recognizing On-Call Time as a Distinct
Category of Compensable Work
IN FEBRUARY 1982, Houston Northwest Medical Center (North-
west) gave Frederick Bright a promotion and a leash.' After working
as a biomedical equipment repair technician for a little over a year,
Bright was promoted to the position of senior biomedical equipment
repair technician.2 His new position required him to carry a pager
during all off-duty hours and subjected him to the following three re-
strictions: (1) he was required to always be reachable by the pager; (2)
he could not be intoxicated or impaired to the degree that he could
not work on medical equipment; and (3) he had to always be in a
position where he could be at the hospital within approximately
twenty minutes of being paged.3
For eleven months straight, Frederick Bright was on-call.4 Not just
on holidays and not just on the weekends, Frederick Bright was on-call
twenty-four hours a day, seven days a week, for eleven months
straight.5 Although he could go home after work, home was about as
far as he could go.6 Along with his promotion, Frederick Bright was
issued a twenty-minute electronic leash so that no matter what he was
doing at a given time, he had to be able to leave at a moment's notice
and be close enough to the hospital that he could get there within
twenty minutes.7 For eleven months, Bright could not so much as go
* I would like to thank my parents for all their years of care and support, Professor
Maria Ontiveros for working with me on initial drafts of this Comment, and my editor,
Jason Horst, for his hard work in bringing this Comment to publication.
1. Bright v. Houston Nw. Med. Ctr. Survivor, Inc., 934 F.2d 671, 673 (5th Cir. 1991).
2. Id.
3. Id.
4. Id. at 673, 679. Being on-call means that the employee is not actively working on
his employer's premises although he must be available to report to his employer if so re-
quested. See infra Part I.A.
5. Bright, 934 F.2d at 673, 679.
6. Id. at 673.
7. Id.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most