Understanding On-Call Pay in California

In California, wage and hour laws are especially significant when it comes to employee rights, including the nuances of being on-call. This topic often raises questions around compensation, particularly when employees are restricted from leaving their location. Here’s what you need to know about on-call pay and your rights in California.

What is On-Call Time?

On-call time refers to periods when an employee is not actively working but is required to be available to the employer. Whether this time is compensable depends on several factors, particularly the degree to which the employer controls the employee’s activities.

When Must On-Call Time Be Paid?

In California, the fundamental issue is control. If an employee is required to remain on the employer’s premises or within a specific geographic area, or if the employer significantly restricts the employee’s movements or activities, this time is generally considered work time and must be paid. Conversely, if the employee is free to pursue personal activities, the time may not be compensable.

Restrictions Affect Compensation

For on-call time to be compensable, the restrictions imposed by the employer must be significant enough to prevent an employee from engaging in personal pursuits. This could involve stipulations like requiring the employee to stay in uniform, limiting how far they can travel from the worksite, or mandating a very short response time.

Case Examples

California courts have often ruled in favor of employees in disputes over on-call time. For example, if an employer requires an immediate response that confines an employee to a certain area or prohibits certain activities, this is likely considered working time and thus compensable.

If you need further clarification on your rights or have issues regarding on-call compensation, please reach out to Barvié Law in San Diego. Contact us at (858) 255-0928 or visit our website at barvielaw.com. Our legal experts are here to help navigate these complex topics and ensure you are fairly compensated for all your time.