> "being available" is not in any definition of labor I've ever read.
If you're a firefighter, is it labor to be at the station playing cards, just because there aren't any calls coming in right now? If you're an ER physician, is it not labor to be waiting for patients on a quiet night?
> Reading a piece of fiction on my couch is not labor under any reasonable definition, because I am not working.
If it's a Saturday and being on-call is preventing you from buying groceries or going to the movies, then being on your couch reading a piece of fiction is labor. If it's the Fourth of July and being on-call is preventing you from having a beer at the barbecue, then that's labor.
"Labor" isn't just the activities for which you are actively producing value for somebody else. Labor is any time your allowed options are restricted as a result of your employer's decisions. Sometimes, those restrictions dictate only a single option of being on-site working on a specific task. Sometimes, those restrictions allow multiple options have some flexibility to them, but the existence of those restrictions at all means that it is still labor being required of you.
> "Labor" isn't just the activities for which you are actively producing value for somebody else. Labor is any time your allowed options are restricted as a result of your employer's decisions.
Like I said, this is an abnormal definition of labor. It would mean, for example, that I am laboring 24/7, because there are some thing that my employment agreement does not allow me to ever do.
If you'd like to work under that definition of labor, that's fine, but then you cannot square it with an hourly-wage based definition of compensation for labor, so "time and a half for additional hour beyond 40" makes no sense in such a context.
I fully support people being compensated for such inconvenience. I don't think it makes sense to expect a greater-than-normal-work-time compensation for a lesser-than-normal-work-time inconvenience.
What do you mean by lesser-than-normal-work-time inconvenience? Congratulations if you don't feel the inconvenience of pausing everything waiting for a call. For me that's more inconvenient than predictable 9to5 duties.
Are you genuinely asking what is the difference between having to occasionally fix an outage/alert from the comfort of your house vs having to consistently sit *in the office* dealing with all kinds of non-urgent task like answering emails, reporting bugs, writing code, attending meetings, responding to chat pings, etc with the expectation that you will be doing that for the entire 9 to 5 duration of your shift before you are allowed to go back home to your family?
I believe that the difference IS obvious, but it's the "absolute" difference.
The relative difference may very well not exist between the two scenarios. If I can't just go to the beach with my wife, if I can't go walk the dog in the farther-away park, if I can't play an online game that lasts over 40 minutes per match, if I can't schedule a music lesson - then if the above is my definition of free time, then it's going to be difficult to convince me that there's a difference between "you can't do this because you're working" and "you can't do this because you're on-call". All it takes is that I take "can't do it" seriously enough.
If your typical day-off is filled with "short" activities, if you being on-call doesn't affect plans of other people close to you, if you plan your month so that you do all the housework & chores on your on-call days, then you'll probably be OK and will testify to the huge difference between the two.
The perception of this difference will thus vary from person to person, from circumstances to circumstances, from lifestyle to lifestyle.
>it's going to be difficult to convince me that there's a difference between "you can't do this because you're working" and "you can't do this because you're on-call"
But there *is* a difference, and that difference is exactly why you're paid 2/3 of your normal rate instead of 100% (or 150% as some people are saying). You aren't working, but you aren't entirely free either, so you are compensated for that by being paid something that is not quite your full rate. *OR* (at least by Google guidelines) you can accrue enough time to be able to fully take a day off later to make up for that time lost.
By the way depending on the day, requirements, oncall shift, style, etc you can definitely relax, play games, go to the beach, etc. Just because you are oncall it doesn't mean you can't categorically do any of those activities (unlike if you were *actually* working), it just means that you need to have a laptop nearby with internet access and temporarily drop whatever you are doing to be able to deal with an outage if it happens. For this reason, the company pays you, but it's not a full rate.
Now we are discussing subjectivities and it makes no sense continuing the discussion IMHO.
At some point I also romaticized the idea of being on the beach enjoying myself when the pager goes off. So I jump into a terminal, get the adrenaline rush, fix the problem, save the day, and carry on. That narrative just doesn't work for me anymore.
If you're a firefighter, is it labor to be at the station playing cards, just because there aren't any calls coming in right now? If you're an ER physician, is it not labor to be waiting for patients on a quiet night?
> Reading a piece of fiction on my couch is not labor under any reasonable definition, because I am not working.
If it's a Saturday and being on-call is preventing you from buying groceries or going to the movies, then being on your couch reading a piece of fiction is labor. If it's the Fourth of July and being on-call is preventing you from having a beer at the barbecue, then that's labor.
"Labor" isn't just the activities for which you are actively producing value for somebody else. Labor is any time your allowed options are restricted as a result of your employer's decisions. Sometimes, those restrictions dictate only a single option of being on-site working on a specific task. Sometimes, those restrictions allow multiple options have some flexibility to them, but the existence of those restrictions at all means that it is still labor being required of you.