Do Calif. Employers Need to Pay On-Call Workers?

On-call employment has become increasingly prevalent as employers seek to lower operating costs, though the scheduling practice may be violating California employment laws.

On-call workers (also sometimes referred to as standby employees) are often required to carry a pager or cellphone or to check their email regularly. In the retail industry, it is common for workers to call in before a shift to see if they are needed.

In theory, on-call work schedules allow employees to go about their personal lives with little to no interruption, as long as they are not called in. However, in practice on-call work scheduling can have a major impact on family life and personal schedules.

Some employers expect on-call employees to respond right away, while others will allow employees longer to respond and report for duty. School, childcare, other employment — all may be disrupted when on-call employees have uncertain schedules.

Should You Be Paid for On-Call Work?

In addition to scheduling headaches, on-call scheduling brings up questions regarding availability and pay. Can an employer require workers to be on call after they have already left an office or store for the day? If an employer does require workers to be on call even during their off hours, do labor laws in California require the employer to pay the employees for the time they are on call?

The answers to these questions generally vary depending on what status an employee holds. Exempt employees—a category that usually includes individuals in administrative, executive, professional or outside sales position—are not usually entitled to compensation for any extra hours they spend on-call for their employers. A non-exempt employee, however, may be entitled to on-call compensation under California labor laws if the time spent on call is “controlled.”

Controlled time is generally defined as on-call time where an employee is required to remain on the company or employer’s premises. Sometimes, controlled on-call time may allow an on-call worker to leave the premises, but requires the worker to stay close enough that they may not be able to use that time for their own personal activities.

Uncontrolled time, on the other hand, means that on-call workers are not required to stay on their employers’ premises, though they are generally asked to carry a phone or pager to inform when they have been called in.

While this would hypothetically allow employees to pursue personal activities, sometimes the required response time for on call workers can make uncontrolled time qualify as controlled time. For example, an employer requiring on-call workers to respond within three minutes was ruled to be too restrictive to be defined as uncontrolled time, according to a California court.

California Labor Laws Requiring On Call Compensation

The California Department of Labor Standards (DLSE) uses four factors to evaluate if an on-call work schedule requires compensation:

1. Geographical restrictions on worker or employee movements
2. Required response time
3. The nature of the on-call work or employment
4. The impact on the employee’s personal activities during on-call hours

The Ninth Circuit Court of Appeals makes it even easier to examine whether or not on-call workers need to be compensated for their on-call hours, using only two factors:

1. How much freedom employees are allowed in order to engage in personal activities during on-call hours
2. The agreement between the employer and the employee

If you are a California on-call worker and you believe your employer’s policies violate California employment laws, you may be eligible to file a legal claim.