In California, “on-call” status means you aren’t actively working but must remain available to report for duty if your employer requests it. Whether this time qualifies as compensable work hinges on the degree of control your employer exerts over your activities during that period.
When does on-call time require pay?
Employers must compensate you for on-call time when they impose substantial restrictions on your personal freedom. For instance, if they require you to stay on the premises or be ready to respond within a narrow window of time, they significantly interfere with your autonomy. Such constraints convert your availability into paid labor.
What factors determine if on-call time is paid?
Several circumstances influence whether your on-call status should result in payment. If your employer mandates that you remain within a specific distance from the workplace, they curtail your ability to use your time freely. Demanding rapid response times or contacting you frequently prevents meaningful personal engagement. If you cannot easily delegate or trade your on-call responsibilities, this heightens your obligation. Additionally, if you’re discouraged from participating in personal activities, your employer is exerting direct control over your time.
Does on-call time count toward overtime?
Yes. In California, on-call time that qualifies as “hours worked” must also be included in overtime calculations. If your combined work hours—including valid on-call periods—exceed 8 hours in a single day or 40 hours within a workweek, your employer must provide overtime compensation. Employers bear the responsibility of monitoring and accurately recording these hours.
If your employer denies compensation for on-call time that meets the legal criteria, you may submit a wage claim to the California Labor Commissioner’s Office. The agency will examine the facts and determine whether your employer owes unpaid wages. Maintaining a record of your duties and availability can strengthen your case.
