Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203
What Does On-Call Mean For A Job?
“On-call hours” in California means that an employee is expected to be available to work if called upon by their employer during a specific time period, even though they may not be physically present at the workplace. While on-call and standby, employees might be able to go about their personal activities, but they must be reachable and prepared to report to work within a reasonable timeframe. The level of restrictions imposed by an employer can vary, and impact whether or not the time spent on-call and standby time is considered payable under California employment law.
In California, on-call workers are often found in industries such as healthcare workers, IT, emergency services, and hospitality. The nature of the on-call position and job duties can affect whether employees are entitled to be paid for the time they are waiting for work, in addition to any actual work they perform when called in under their employer’s control.
How Does On Call Pay Work?
California’s Industrial Welfare Commission (IWC) govern on-call pay and on-call time should be paid. The key issue in determining whether on-call time is paid is if the employee is engaged to wait (which is usually compensable) or waiting to be engaged (which is typically not compensable). The level of control that an employer exercises over the employee during on-call time is a critical factor.
Factors Determining On-Call Pay
The courts and California wage and hour laws consider the following factors when determining whether on-call time is compensable:
- Level of Control: If an employee’s freedom is restricted during on-call time, such as imposing excessive geographical restrictions or being required to respond to on-call work immediately, the employer may need to pay employees for the on-call time. For example, if you’re required to stay within a 10-mile radius and must respond to work site calls within 10 minutes, that time could be considered compensable.
- Frequency of Interruptions: If employees are frequently called upon to perform tasks during their on-call shift, even if they are technically free to engage in personal activities during idle moments, they may be entitled to pay for the entire on-call period.
- Location Restrictions: If employees are required to stay at the workplace or a designated location during on-call hours, this time is generally compensable. Conversely, if they can wait from home or another location of their choosing, compensation might only apply to the actual hours worked.
- Ability to Use Time for Personal Activities: If employees can freely pursue personal activities during on-call periods without significant interference, the standby time on-call may not be compensable. However, if personal time is severely restricted, the law may require payment for that time.
California’s On-Call Pay and Reporting Time Pay Laws
California law also includes reporting time pay requirements. Under certain circumstances, employees who report to work as required but are not put to work or are sent home early must be paid at least half of their scheduled shift. This could impact on-call employees who are called into work but aren’t given full shifts.
For example, if an on-call employee is told to report for a shift and is sent home after just an hour or two, California law generally requires the employer to pay for at least half of the scheduled hours, but no less than two hours and no more than four hours.
Overtime and On-Call Pay
If an on-call employee works more than eight hours in a day or 40 hours in a week—whether during their regular shift or on-call shifts—they are entitled to overtime pay under California’s overtime laws. Overtime is paid at 1.5 times the employee’s regular rate of pay, and double time applies for hours worked over 12 in a day.
Is It Illegal To Be On Call? – FAQ
is it legal to be on call 24/7? If an on-call employee is required to respond to an employer’s request return to work at any time, 24/7, but is not restricted in their off-work activities, response time, or location, then they may not need to be paid because they are not considered under the control of the employer for those hours.
do you get paid to be on call? The short answer is: it depends. On-call labor laws greatly depend on the control under which the employee is by their boss. However, usually employees earn minimum wage for all their hours worked.
what does it mean to be on call for work? It could mean that an employee is expected to respond to an employer’s request for them to work for a period of time when they might not be at the actual work site.
can my employer force me to be on call? An employer can’t force a worker to sign up for a shift, but, they can make on-call work a requirement for employment. If you accept a position in an industry where these shifts are the norm, an employer may expect you to do your share of on-call time.
are on call shifts legal? Yes.
can i refuse to be on call? The definition of being on call is: being readily available to work when an employer contacts you. You may be able to refuse on-call responsibilities or shifts, but it could impact your job.
if i show up to work and get sent home do i get paid? There are specific rules for reporting time pay that all employees should know. Find out more here.
