Payment for being On-Call and Standby Time

Many of us work jobs that are on call at least some of the time (Also sometimes called standby time) They may be jobs that are formally on call-imagine someone who repairs computers that can be called into work for emergencies any time. In other cases, employees may be informally on call—imagine a situation where the boss says you’re free to go home but suddenly tells you to keep your phone with you in case you’re needed to come in on an emergency, last minute basis.

Tracking Hours

It can be hard to keep track of the hours you worked, and thus, what you should get paid in these situations. That’s because you may not account for the time you are actually called in, and even when you’re not at work, but standing ready with your phone to be called in at any time, it can be unclear whether this time actually counts towards your weekly hours.

What’s “Working” When You’re On Call?

There is no one formula or rule that says when being on-call is considered being working and on the clock.

As a general rule, courts will look at how much control your employer exerts over you, when you’re not at work. Are you free to go wherever you want? How quickly are you required to respond to your employer once you’ve physically left work if you are called? How often is your employer calling or bothering you outside of work (many employers may say you’re on call for emergencies, but then proceed to constantly contact you about every question they have, and they expect an answer right away).

Restrictions Outside of Work

Ask yourself whether, during the standby or on call time, you are free to do what you want to do. If not, then you are entitled to be compensated for this time, as if you are working.

If your personal, out of work time is restricted significantly by being on call you may be entitled to be paid for that time, So, for example, imagine a security guard who gets to clock out of work, but while clocked out, must remain on the property or within a certain distance from the property “just in case.”

In many cases, during your standby or on-call time, you are free to do what you want—you don’t have job duties. But you can’t go where you want or ignore calls or really plan your schedule, because you have to be ready to respond if needed.

Some Restrictions

Standby time doesn’t have to be paid to you at your normal hourly rate but it does have to be more than minimum wage, and overtime if the hours exceed 40 hours a week.

Remember as well that many on-call employees may be exempt from the law (such as professionals or doctors), so they can be on-call, without the necessity of additional pay.

Are you being paid for your on-call or standby time? Contact the San Jose wage and hour attorneys at the Costanzo Law Firm today for help.

Sources:

dir.ca.gov/dlse/callbackandstandbytime.pdf

dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked