Is Mandatory On-Call Time Paid in California?

Mandatory on-call time can qualify as paid work in California, including time spent waiting at home. For employees covered by minimum wage and overtime laws, payment depends largely on how much control the employer has over that time. Reach out to our wage and hour attorney in Los Angeles to learn more.

When Does Waiting Count as Work?

Being on call means your employer requires you to be available to handle work if needed. You might have to answer customer calls, return to a job site, or fix a problem remotely. If you must remain at the workplace while waiting, that time generally must be paid. For example, a security guard required to stay on-site cannot be treated as off the clock simply because the guard can read or watch television between assignments. 

Can On-Call Time at Home Be Paid?

At home, your employer’s requirements may limit your ability to make plans, travel, or spend time with family. Relevant details that determine whether that time should be paid include:

• How quickly you must respond or return to work.
• How close you must stay to the workplace.
• How frequently calls interrupt your personal activities.
• Your ability to trade coverage with a coworker.
• The personal activities you can realistically pursue.

For example, a maintenance worker required to arrive within ten minutes and respond repeatedly throughout the evening may have a claim for the entire standby period. If calls are rare, response deadlines are flexible, and you can use the time freely, the waiting period may rightly be unpaid. 

What if You Only Handle a Few Calls?

Time spent actually working must be paid, even when the rest of your on-call period is unpaid. If you spend 30 minutes troubleshooting a customer’s problem from home, that is work time. Record the time spent on required calls, messages, remote tasks, and follow-up documentation. Your employer cannot disregard those tasks because you performed them outside your scheduled shift. 

How Should Paid On-Call Hours Be Calculated?

Your employer may pay a lower hourly rate for standby time if agreed upon in advance, but it must meet the applicable minimum wage. Qualifying on-call hours also count toward overtime, which generally applies after eight hours in a workday or 40 hours in a workweek. Eight hours of regular work followed by two hours of controlled standby that day will ordinarily mean two overtime hours.

If your regular work and standby time have different rates, overtime is usually based on your average hourly earnings for the week, including both types of work. When an employer pays a flat standby fee instead of hourly pay, that fee must cover the wages and overtime owed. For example, $50 would not cover an eight-hour on-call period that legally counts as work. Healthcare workers may follow different rules for waiting time, but required calls, patient care, and other work duties must still be paid. 

What Can You Do About Missing On-Call Pay?

Start by keeping records that show what being on call actually required:

• Schedules with your assigned standby periods.
• Written policies about response times and travel restrictions.
• Call logs, messages, and records of work performed.
• Pay statements showing standby payments and recorded hours.

Write down any restrictions that impacted your life during the on-call time, such as having to cancel plans because you could not leave the area. An employment attorney in Los Angeles can review your records to determine whether there are unpaid wages. Depending on your circumstances, you may be able to pursue a wage claim through California’s Labor Commissioner or a lawsuit.