***Work question for per diem status

Does anyone know if you are per diem if you are required to take call?
Like right now im the per diem than there is a full time employee with the same job. We alternate weekend call shifts, If I say I dont want to take call anymore because im only per diem would that be allowed or can they say no you have to?

the way my per diem works is i get a check for say 1k per week regardless if i work overtime or if i take a day off. Then i get an hourly rate. Usually both will equal my total salary, meaning its a 50% split. It depends on the state i guess.

I really kick ass when i work overtime, because they calculated it based on my total rate. so thats a little different.

yeah mine def isnt anything like that, it sounds badass though