California On-Call and Standby Time Policy 2025 – All You Need to Know

California employment laws can be frustratingly complicated to understand and parse through when looking to understand your rights as an employee. The legal team at The Law Offices of Miguel S. Ramirez wants to make sure that you are equipped with the legal knowledge needed to fight for fair treatment in the workplace. The California on-call and standby time policy rules can be especially challenging to decipher when looking to understand fair pay.

What You Need to Know About California’s On-Call and Standby Time Policies

California’s on-call and standby time policies are created to protect employees and ensure that they are fairly compensated when their time is restricted by their employer. Whether or not an on-call employee receives payment for their on-call time can depend on the specific level of control their employer holds over their time. In simple terms, if your on-call time is highly restricted by your employer, you will most likely be owed pay for this time.

Below is a list of key factors under California labor laws and the federal Fair Labor Standards Act (FLSA) that shows when time is compensable while on-call:

• Employer Control: If your employer can dictate your geographic location during the on-call time, has a short time frame in which you must respond to a call, and these restrictions significantly limit your ability to use this time for personal purposes.
• Level of Interruptions: If you are faced with the frequent need to come in to work while on the on-call hours, the time should be compensable.
• Freedom to Use the Time: If you are able to engage in personal activities while on-call and only respond if needed, the time may not be compensable.

It is vital that, as an employee, you are familiar with your rights to compensation during on-call time, and if you are restricted from freely using this time, you should most likely be getting paid for that time. It is important to keep clear and concise records of your on-call hours, the restrictions you faced, and instances in which you were called in to work, as this can serve as proof that you were not paid for the hours you should have been paid for.

How To Respond If You Are Not Compensated for On-Call Time

If you believe that you were owed compensation for on-call time in California and not paid by your employer for that time, there are several steps you can take to protect your rights and receive the wages that are rightfully owed to you. It is important to start by understanding the laws that protect you and the specific company policies that outline on-call pay and expectations.

It is important to keep a detailed log of the times you were on-call, the specific restrictions to your own freedom that you experienced, and the instances you were called into work during on-call hours. It may be helpful to speak with your employer before taking legal action to ask that they correct this wrong, and if they do not, you can submit a claim to the California Division of Labor Standards Enforcement (DLSE).

If you have legal questions or concerns or are facing complications in your case, it is probably time to meet with a trusted employment lawyer who can help you navigate the case and pursue justice as you seek the compensation you are owed.

FAQs

Q: What Does Being “On-Call” or “Standby” Mean in California Employment?

A: In the world of California employment, being on-call or on standby refers to circumstances where an employee is required to be available for work if needed, but may not be actively working. This is an interesting and confusing piece in California employment law as it can be paid or unpaid depending on the circumstance.

Q: Do You Get Paid If You Are on Standby?

A: Whether or not you get paid while on standby in California will depend on what level of control your employer holds over your time. California labor laws, dictated by the Industrial Welfare Commission (IWC) Wage Orders and court rulings, establish these rules, and you may be eligible for pay when your employer can significantly restrict your freedom while on standby. This may look like requiring you to be in a specific location with a short response time if called in to work.

Q: What Is the 4-Hour Rule in California?

A: In California, the 4-hour rule is a protection provided to employees to ensure they receive fair compensation when they show up for a scheduled shift, but are not given the full amount of time to work. The employer is required to pay the employee for at least half of that scheduled shift, with a minimum of 2 hours and a maximum of 4 hours.

Q: What Should I Do if I Haven’t Been Paid Fairly by my Employer?

A: If you have not been paid fairly by your employer, you can bring it to their attention right away and allow them to rectify the matter. In the event that your employer does not agree or ignores your requests for fair pay, it is time to reach out to an experienced employment attorney who can advocate for the compensation you are entitled to.

Q: Can You Pursue Legal Action for Not Being Paid While on Call?

A: Yes, you can pursue legal action if you were not paid for on-call time when that time is legally compensable under specific California labor laws and through the federal Fair Labor Standards Act (FLSA). It is important that you are able to prove that you were entitled to payment during the on-call time and that you have proof that this payment never came through.

Meet With a Trusted Employment Lawyer Today

If you are facing the unfortunate circumstance of not being paid for your on-call hours, you may have grounds to pursue legal action to retrieve your earned compensation. The experienced employment lawyer at The Law Offices of Miguel S. Ramirez invites you to schedule an initial consultation. You can tell our legal team about your specific situation, and we can discuss with you and advise you on the ideal next steps that can help you protect your rights and see a fair and just result.