In many occupations, employees follow a weekly shift schedule and are also expected to remain on-call in case they are needed. For instance, security guards and health care workers may have scheduled and/or on-call hours.

It is easy to lose track of your earnings in this situation. You probably expect your employer to carefully track your hours, but that can be risky. It is better to understand the wage and hour laws that govern on-call pay to help ensure you are paid what you are due.

Criteria for on-call classification

In California, on-call pay is based on how much control an employer exerts over employees during these periods. The state Supreme Court’s 2015 decision in Mendiola v. CPS Security Solutions, Inc. can offer some clarity.

It ruled that on-call time is compensable if the employer unduly restricts the employee from personal activities. Factors like employee response time rules, location restrictions and employer call frequency can influence whether on-call time should be compensated.

Payment for controlled time

State law requires fair compensation be paid to on-call employees. Per the Fair Labor Standards Act (FLSA) and the Industrial Welfare Commission (IWC), employees are entitled to receive pay for on-call hours if their employer significantly restricts them from enjoying personal time.

The Mendiola case helped to reinforce these principles. It underscores that on-call time linked to a location or necessitating an immediate answer should be paid at the worker’s standard pay rate.

Still unsure about your earnings or on-call pay? If so, it may be time to talk about your circumstances with an employment law representative.