When you're on-call, your employer allows you freedom to live your life while staying reachable, but standby requires you to remain so restricted and available that your time essentially belongs to your employer. California employers are obligated to pay the wages of an hourly employee for all time that the employee is under the control of the employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so. In Industrial Welfare Commission Orders 4 and 5, there is a modified definition of hours worked for specified occupations (Industrial Welfare Orders, § 2).

The terms "on-call" and "standby" get thrown around interchangeably in workplaces, but their legal and financial implications are worlds apart. One status might mean you deserve to be paid for your time. The other means you're simply waiting unpaid. This guide will clear up the confusion once and for all. You'll learn the crucial "control" test that courts use to distinguish between these statuses, understand your rights under federal labor law, and see real-world examples that help you determine whether you should contact a Los Angeles employment lawyer to get paid for your waiting time.

Table of Contents

• What Does It Mean to Be On-Call?
• What Does It Mean to Be on Standby?
• The Difference: The Legal Test of Control
• On-Call vs. Standby: A Side-by-Side Comparison
• Does My Employer Have to Pay Me For On-call or Stand-by Hours?
• Understanding Your Rights For Payment Under the FLSA
• Examples of How On-Call and Standby Works in Practice
• Factors That Determine On-Call Pay
• Know Your Status, Know Your Rights
• Recovering On Call Wages
• Frequently Asked Questions

What Does It Mean to Be On-Call?

When you're on-call, you are "waiting to be engaged." The key concept here is freedom. You can generally use your time for personal activities, even though you need to be available if work needs you.

Think of on-call status as carrying a digital leash. You're tethered to work but still have significant control over how you spend your time. Common examples include:

• Carrying a pager or keeping your phone on
• Being able to leave a contact number where you can be reached
• Having a flexible response time (usually an hour or more)
• Being free to leave your home and conduct personal business

The critical factor is that your employer doesn't significantly restrict what you can do with your time.

What Does It Mean to Be on Standby?

Standby status means you are "engaged to wait." Your time becomes significantly restricted and controlled by your employer, making it nearly impossible to use the time for your own purposes.

When you're on standby, you're essentially at work even if you're not actively performing tasks. Your employer controls your time so thoroughly that it belongs to them, not you. Examples include:

• Being required to stay on the employer's premises
• Being unable to leave a specific geographic area (usually very small)
• Having a very short response time (typically 15-30 minutes)
• Being unable to engage in personal activities that would interfere with immediate availability

The Difference: The Legal Test of Control

The Fair Labor Standards Act (FLSA) is the primary federal law that governs whether your waiting time should be compensated. The difference between on-call and standby status comes down to one fundamental question: Is your time truly your own?

There are things your boss cannot legally do at work.  Meaning that courts don't care what your employer calls your status. They look at the reality of your situation and apply what's known as the "control" test.

Key Factors Courts Use to Determine Control:

• Geographic Restrictions: Are you confined to the worksite or must you stay within a small radius?
• Response Time: How quickly must you report to work? A 15-minute requirement suggests more control than a 2-hour window.
• Frequency of Calls: Are you constantly interrupted, or do calls happen rarely?
• Ability to Use Time for Personal Activities: Can you go to dinner, attend a movie, or pursue hobbies without restriction?
• Ability to Trade Shifts: Can you easily swap your duty with a coworker, or does the employer strictly control who covers when?
• On-Premises Living Requirement: Does your job require you to live on company property?
• Disciplinary Action: What happens if you miss a call or can't respond immediately?

California wage and hour laws might be used to examine these key factors when determining compensability. The more control your employer exercises over these factors, the more likely your time qualifies as compensable standby rather than unpaid on-call time.

On-Call vs. Standby: A Side-by-Side Comparison

Feature	On-Call (Uncontrolled)	Standby (Controlled)
Primary Status	Waiting to be Engaged	Engaged to Wait
Pay Status (FLSA)	Generally Not Compensable	Generally Compensable
Level of Freedom	High (Can conduct personal business)	Low (Significantly restricted)
Typical Example	A remote IT worker who must answer the phone if it rings	A firefighter waiting for a call at the fire station
Counts Toward Overtime?	No (Except for time actually worked)	Yes

Does My Employer Have to Pay Me For On-call or Stand-by Hours?

On-call or stand by time at the work site is considered hours worked for which the employee must be compensated even if the employee does nothing but wait for something to happen.

For example, when an employee is required to remain at work to respond to emergencies or other unforeseen incidents, such time is considered work time, even if the employee is doing nothing more than waiting around for something to happen. Even when an employee leaves the employer's premises while on call, but the employee's time is restricted (such as a requirement to respond to all calls within 15 minutes) in that the employee cannot engage in personal activities, such time will generally be considered work time.

In contrast, if an employee can choose whether to respond to a call or the response requirements allow the employee to engage in personal activities and come and go as he or she pleases, such time should generally not be considered work time.

Understanding Your Rights For Payment Under the FLSA

When Standby Time MUST Be Paid:

If restrictions are significant enough that employees cannot use the time effectively for personal purposes, the time might be compensable under the FLSA. This means your employer must pay you at least minimum wage for every hour you're required to be on standby. This time also counts toward your weekly total when calculating overtime pay.

If you work 40 regular hours plus 10 hours of standby time in a week, you've worked 50 hours total. Your employer owes you overtime pay (time and a half) for those 10 extra hours, assuming you're not exempt from overtime rules. California employee rights provide strong protections to ensure fair compensation for your time. Violations of these laws may entitle you to additional compensation beyond just back wages.

What About "Call Back" Pay?

"Call back" pay is different from on-call or standby compensation. This refers to premium pay or a guaranteed minimum number of hours when an employee gets called back to work after their regular shift has ended.

For example, if you finish your 8-hour shift at 5 PM, go home, and then get called back at 9 PM for an emergency, your employer might guarantee you'll be paid for at least 2 hours even if the emergency only takes 30 minutes to fix. This type of pay is usually determined by company policy or union agreements, not federal law.

State Laws Can Offer More Protection:

The FLSA sets the minimum standard, but many states provide stronger protections for workers. California, for instance, has broader rules where any time the employer controls the employee is considered "hours worked," including many situations that might be unpaid under federal law. In California, even off-site waiting time can be compensable if employer control is substantial.

Always check with your state's Department of Labor to understand the specific regulations in your area. When state and federal laws differ, you're entitled to whichever provides greater protection.

Examples of How On-Call and Standby Works in Practice

For Healthcare Professionals (Nurses, Doctors):

Healthcare presents clear examples of both statuses. If you're required to stay in the hospital's on-call room and can't leave the premises, that's compensable standby time. Your freedom is severely restricted, and you can't use the time for personal purposes.

Contrast this with waiting at home where you have a reasonable response time. You can cook dinner, watch TV, or read a book. As long as you can answer calls and get to the hospital within the agreed timeframe, this typically qualifies as non-compensable on-call time.

For IT Professionals (System Administrators, Engineers):

IT scenarios often fall along a spectrum. If you must log in remotely within one hour when called, and you can otherwise live your life normally, this usually qualifies as on-call time. You're free to be at restaurants, movies, or friends' houses as long as you have internet access.

However, if your employer requires you to respond within 15 minutes and be physically present on-site, your freedom becomes much more restricted. You probably can't go to a movie theater or travel far from the office. This level of control typically makes the time compensable standby.

For First Responders and Utility Workers:

These roles often involve clear compensable standby time due to the critical nature of the work and rapid response requirements. A firefighter waiting at the station or a utility worker required to stay within a 10-minute drive of the service area typically qualifies for standby pay.

The public safety nature of these jobs often requires immediate response, which severely limits what employees can do with their time.

Factors That Determine On-Call Pay

Whether on-call or stand by time away from work is considered compensable must be determined by looking at the restrictions placed on the employee. A variety of factors are considered in determining whether the employer-imposed restrictions turn the on-call time into compensable hours worked. These factors were set out in a federal case, Berry v. County of Sonoma (1994) 30 F.3d 1174, and include:

• Whether a fixed time limit for response is unduly restrictive.
• Whether the frequency of calls is unduly restrictive.
• Whether the on-call employee can easily trade his or her on-call responsibilities with another employee.
• Whether there are excessive geographic restrictions on the employee's movements; and
• the extent to which the employee engages in personal activities during on-call periods.

During times when the employees are subject to the employer's control, on-call or stand by time at the work site is considered hours worked, and employees must be compensated for this time even if they do nothing.

Know Your Status, Know Your Rights

Understanding the difference between on-call and standby time can significantly impact your paycheck and work-life balance. Here are the key takeaways:

• The difference is control, not the job title your employer uses
• "Engaged to wait" (standby) must be paid; "waiting to be engaged" (on-call) typically is not
• Courts look at the reality of your restrictions, not what your contract says
• Review your employer's specific policies and check your state's laws for additional protections
• Document your actual working conditions if you believe you're misclassified

Don't assume your employer has correctly classified your status. Many companies misunderstand these rules or hope employees won't question their practices. If you believe your standby time should be compensated, gather documentation about your actual restrictions and consult with an employment attorney or your HR department.

Remember that this article provides general information about federal labor law and is not legal advice for your specific situation. Employment law can be complex, and individual circumstances vary significantly. For questions about your particular situation, consult with an employment law attorney or HR professional who can review the specific details of your work arrangement.

Recovering On Call Wages

Employers may set a different rate of pay (e.g., minimum wage) for time when the employee is waiting around for an emergency call or a call to respond to an unforeseen circumstance. For guidance in this area, or for questions related to any of California's wage and hour laws, don't hesitate to contact Kingsley Szamet Employment Lawyers to speak with one of our experienced labor lawyers.

Frequently Asked Questions

Is standby time always paid at my regular hourly rate?

Not always. Under the FLSA, employers can set a different rate for standby time as long as it's not lower than minimum wage and you agree to it beforehand. Some employers might pay a lower "standby rate" for waiting time and your regular rate when you're actually called to work.

Does on-call time ever count toward overtime?

The time you spend simply being available while on-call does not count toward overtime. However, any time you actually spend working when called in must be included in your weekly hours for overtime calculation. If those additional work hours push you over 40 for the week, you're entitled to overtime pay for the excess.

Can my employer punish me for not being available while on-call?

This depends on your specific employment agreement and company policy. While on-call status implies more freedom than standby, there are still expectations about availability. Most employers can discipline employees who consistently fail to respond to on-call situations, but the specific consequences should be clearly outlined in your employee handbook or contract.

Are salaried exempt employees eligible for standby pay?

Generally, no. The FLSA rules for on-call and standby pay typically apply to non-exempt employees who are entitled to overtime. An exempt employee's salary is intended to compensate them for all duties of their job, regardless of specific hours worked. However, some employers voluntarily provide additional compensation for excessive standby requirements even for exempt employees.