Updated February 6, 2026
On Call Pay in California: What Every Employee Must Know [2024 Guide]
Are you receiving proper on call pay in California? Unfortunately, many employees spend hours tethered to their phones waiting for work calls without fair compensation. Whether you're a healthcare professional, IT specialist, or emergency responder, understanding your rights to compensation during on-call time is essential to ensuring you're not being underpaid.
California's on-call pay regulations differ significantly from federal standards, providing stronger protections for workers. However, the distinction between compensable and non-compensable on-call time remains confusing for many employees and employers alike. In fact, the difference often comes down to specific details about response requirements and restrictions on your personal activities.
This comprehensive guide examines everything California employees need to know about on-call compensation in 2024. We'll explore how California courts determine when you must be paid for on-call time, what compensation you're legally entitled to receive, and how these rules apply across different industries.
Understanding On-Call vs Standby Time
Many California employees remain confused about when their availability time qualifies for compensation. The distinction between on-call and standby time forms the foundation of understanding your pay rights.
What is on-call time?
On-call time occurs when you're "waiting to be engaged" by your employer. During this period, you must remain available if needed, but generally maintain significant control over how you spend your time. Think of it as carrying a digital leash—you're tethered to work without being actively restricted in your activities.
Typical on-call arrangements include:
- Carrying a pager or keeping your phone accessible
- Providing a contact number where you can be reached
- Having flexible response time (typically an hour or more)
- Being able to leave home and conduct personal business
Essentially, on-call time exists when you can use your time relatively freely for personal activities despite needing to remain available. Your employer doesn't significantly restrict what you can do, which is why it's characterized as "waiting to be engaged".
What is standby time?
Conversely, standby time means you're "engaged to wait." This classification applies when your employer exercises substantial control over your time, making it nearly impossible to use for personal purposes. Your time becomes so restricted that it effectively belongs to your employer rather than you.
Standby characteristics typically include:
- Required presence on employer premises
- Strict geographical limitations on movement
- Short response times (often 15-30 minutes)
- Significant restrictions on personal activities
Some industries regularly require standby time. For example, doctors, nurses, and other medical staff may work 48 to 72-hour shifts at the hospital, sleeping on-site but remaining available. Similarly, firefighters who stay at fire stations or security guards who remain on-site for several days are considered on standby.
Key differences between the two
The primary distinction between on-call and standby time centers on employer control. California law makes this crucial difference that directly impacts your paycheck.
The California Division of Labor Standards Enforcement (DLSE) considers time spent on standby or on-call as work-related if the time primarily benefits the employer. Furthermore, an employer must pay for all time an employee is under the employer's control, including time the employee is "suffered or permitted to work".
Several factors determine whether your waiting time qualifies as compensable:
- Geographic restrictions – Limitations on how far you can travel from work
- Response time requirements – How quickly you must report when called
- Call frequency – How often you're contacted during on-call periods
- Ability to trade shifts – Whether you can easily exchange on-call duties
- Impact on personal activities – Whether you can engage in meaningful personal time
On-call time may remain unpaid if you're genuinely free to use your time for personal purposes. However, standby time—where employer control is significant—must be compensated at minimum wage or higher.
Additionally, under California law, standby time at the work site must be paid even if you're doing nothing but waiting for something to happen. As the courts have ruled, "an employer, if he chooses, may hire a man to do nothing or to do nothing but wait for something to happen".
The bottom line: if your time isn't truly your own during on-call periods, you're likely entitled to compensation under California's protective labor laws.
How California Law Defines Compensable Time
California law takes a stricter approach to on-call compensation compared to federal standards. Understanding exactly when you must be paid for waiting time comes down to specific legal tests and precedents that shape employer obligations throughout the state.
The 'control test' explained
California's approach to compensable time centers on a fundamental principle: the "control test." This legal standard determines whether your on-call time must be paid based on how much control your employer exercises over you during waiting periods. The California Division of Labor Standards Enforcement (DLSE) defines hours worked as "the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so."
The control test examines several key factors to determine if your waiting time deserves compensation:
- Geographic restrictions on your movements (being confined to a worksite or small radius)
- Response time requirements (15 minutes suggests greater control than 2 hours)
- Frequency of calls (constant interruptions versus rare contact)
- Ability to trade shifts with coworkers
- Impact on personal activities (can you effectively use time for your own purposes?)
Courts don't focus on what your employer calls your status—the reality of your situation is what matters. Even if you're engaged in personal activities like sleeping or watching television while on-call, these actions don't necessarily make your time non-compensable if other control factors are present.
Legal precedents: Mendiola v. CPS Security
The landmark case Mendiola v. CPS Security Solutions (2015) significantly clarified California's standards for on-call compensation. In this case, security guards worked 8-hour shifts, remained on-call for 8 hours, and were off duty but required to stay on-site for 8 hours of sleep.
The California Supreme Court ruled that all on-call hours spent at assigned worksites under employer control must be compensated. Moreover, the court determined that even sleep time during these 24-hour shifts qualified as compensable work time.
The court found several control factors decisive:
- Guards had to "reside" in trailers as an employment condition
- They had to respond immediately and in uniform when contacted
- They couldn't easily trade on-call responsibilities
- They needed permission to leave the worksite
- Restrictions applied to visitors, pets, and alcohol use
This ruling established that employer control—not merely whether employees engage in personal activities—determines compensability.
How federal and California laws differ
Federal and California standards diverge substantially regarding on-call pay. While federal law (FLSA) often favors employers in gray areas, California adds extra layers of protection for workers.
A critical difference is California's definition of "hours worked." Under federal law, employers can often exclude sleep time from compensable hours for employees working 24-hour shifts. Conversely, California courts have rejected automatic application of these federal regulations unless expressly permitted by California law.
The California Supreme Court has specifically stated that courts should not incorporate federal standards that "eliminate substantial protections to employees" without convincing evidence of intent to adopt them.
Furthermore, California applies a broader rule where any time the employer controls the employee is considered "hours worked," including many situations that might be unpaid under federal law. This means California workers often receive compensation for on-call time that would go unpaid in other states.
Understanding these distinctive California standards is crucial for ensuring you receive appropriate on-call pay under state law.
Factors That Determine If You Should Be Paid
When determining if your on-call time deserves compensation in California, courts examine specific factors that measure your employer's control over your time. These factors collectively determine whether you're truly free to use your time effectively for personal purposes.
Geographic restrictions
The extent of geographic limitations significantly impacts compensability. If you must remain on-site or within a tight radius of your workplace, courts typically find this time compensable. For instance, if you're required to stay within a 10-minute drive of work, you'll likely deserve payment, whereas being allowed to travel freely throughout your county suggests non-compensable time. Notably, apartment maintenance workers required to stay within a specific distance of the complex while carrying a pager represent a classic example of restricted movement.
Response time requirements
How quickly you must respond after being contacted serves as a crucial indicator of employer control. Response windows under 30 minutes typically suggest compensable time, whereas longer windows (45+ minutes) often indicate waiting-to-engage scenarios. For example, service representatives who had 30 minutes to respond to calls and 2 hours to make on-site visits were deemed not entitled to on-call pay because they had sufficient freedom. Accordingly, the shorter your mandated response time, the stronger your case for compensation.
Frequency of calls
The actual frequency of contact during on-call periods substantially affects compensability. If calls are sporadic and allow you to engage in personal activities between interruptions, courts may find your time non-compensable. Alternatively, frequent calls that consistently disrupt your personal time suggest employer control. As one example shows, EMTs may be entitled to on-call compensation during winter months when calls increase due to poor road conditions, yet not during quieter summer periods.
Ability to trade shifts
Your freedom to swap on-call responsibilities with colleagues represents another critical consideration. If you cannot easily trade shifts without facing negative consequences, this points toward compensable time. Courts recognize that inflexible scheduling requirements limit personal freedom, indicating greater employer control over your time.
Impact on personal activities
Ultimately, courts examine whether you can genuinely pursue personal interests during on-call periods. If restrictions prevent normal daily activities like running errands, making dinner, attending children's events, or watching movies, your time likely qualifies as compensable. Conversely, if you can reasonably engage in typical personal activities despite being on-call, courts may determine compensation isn't required.
The legal standard is straightforward: the more your employer restricts your free time, the more likely you deserve payment—even if you're never actually called in.
What Pay You’re Entitled To
Understanding what compensation you're legally entitled to for on-call time is crucial once your waiting hours qualify as work time. The amount and type of payment varies based on several key factors.
Minimum wage for controlled time
Once your on-call time passes the control test, California law mandates at least minimum wage payment for all controlled hours—regardless of whether you performed active work. Unlike federal standards, California does not permit a lower rate for waiting time. Consequently, even if you're simply carrying a pager or waiting by the phone, you must receive at least $16.00 per hour (California's 2024 minimum wage).
Overtime rules for on-call hours
On-call hours count toward overtime calculations when they qualify as compensable time. This means:
- Hours exceeding 8 in a workday trigger time-and-a-half pay
- Hours exceeding 12 in a workday require double pay
- First 8 hours on the 7th consecutive workday earn time-and-a-half
- Hours beyond 8 on the 7th consecutive workday earn double time
For example, if you work a regular 8-hour shift followed by 4 hours of controlled on-call time, you're entitled to overtime for those additional 4 hours.
Call-back and reporting time pay
California's reporting time pay requirements protect employees from wasted trips and interrupted personal time:
- If you report to work as scheduled yet receive less than half your usual day's work, your employer must pay for half your usual day's work (minimum 2 hours, maximum 4 hours)
- Call-back situations (when you leave work then are called back) typically require minimum payment of 2 hours at your regular rate, even if you work less time
How standby pay is calculated
Standby pay follows standard wage requirements since this time is clearly under employer control. Yet, certain industries and union contracts often establish premium rates for standby time:
- Healthcare facilities commonly pay 50-60% of regular wages for unrestricted on-call hours
- Some employers offer flat-rate stipends per on-call shift
- Union contracts might specify higher rates (such as half-time or even full wages)
Remember that while employers have some flexibility in how they structure on-call compensation, they cannot pay less than minimum wage for any time that qualifies as "hours worked" under California law.
Examples by Industry: Who Gets Paid and Why
Different industries face unique on-call situations, resulting in varying compensation requirements under California law. Let's examine how these rules apply across several common sectors.
Healthcare workers
Healthcare professionals often experience some of the most demanding on-call arrangements in California. Senate Bill 525 specifically enhances protections for these workers, mandating that on-call time must be compensated at a rate not less than regular pay. This legislation addresses the reality that healthcare workers frequently face substantial restrictions during on-call periods.
For healthcare workers, California applies a slightly different approach using FLSA guidelines that evaluate the employment contract and degree to which employees can engage in personal activities. Particularly important for hospital staff working extended shifts is the requirement for compensation during controlled standby periods, even during sleep hours.
IT professionals
Technology workers frequently find themselves in contested on-call situations. Network administrators and IT support staff typically remain available after hours to address system emergencies, often creating compensable on-call scenarios. The critical factor for IT professionals is whether their response requirements effectively prevent personal activities.
These workers must evaluate geographic restrictions and response time requirements carefully. Throughout the technology sector, courts examine whether on-call IT staff can easily trade responsibilities with colleagues and whether the frequency of after-hours calls substantially disrupts personal time.
First responders and utility workers
First responders and utility repair workers commonly experience compensable on-call periods. EMTs, firefighters, and emergency utility workers face particularly strict response time requirements that significantly restrict personal freedom.
Throughout these sectors, courts examine whether these workers can effectively use on-call time for personal activities. Utility workers who must respond quickly to outages or emergencies typically qualify for compensation during restricted on-call periods, especially when geographic limitations or quick response times apply.
Security guards and on-site staff
Security guards represent a landmark case in California on-call pay law. In Mendiola v. CPS Security Solutions, the California Supreme Court ruled that security guards working 24-hour shifts (with 8 hours on-call) were entitled to compensation for all on-call hours. The court determined that sleep time during 24-hour shifts also qualified as compensable work time.
For on-site staff like nail technicians or hair stylists required to remain physically present at the workplace, time spent at the worksite is compensable regardless of whether clients are present. These workers must receive at least minimum wage for all hours under employer control, including downtime between appointments.
Conclusion
Understanding your on-call pay rights remains essential for California employees across all industries. Throughout this guide, we've examined how California law takes a considerably stricter approach to compensating waiting time than federal regulations. The control test serves as the fundamental principle determining whether your on-call hours qualify for payment.
California courts look at several key factors when evaluating on-call compensation claims. Geographic restrictions, response time requirements, call frequency, ability to trade shifts, and impact on personal activities collectively determine if your employer must pay you. Essentially, the more your time belongs to your employer rather than yourself, the stronger your right to compensation becomes.
Different industries face unique challenges regarding on-call pay. Healthcare workers benefit from specific legislative protections, while IT professionals must carefully evaluate their response obligations. First responders typically qualify for compensation due to strict availability requirements, and security guards have established important legal precedents through landmark cases.
Remember that when your on-call time qualifies as compensable, you must receive at least California's minimum wage ($16.00 in 2024). Additionally, these hours count toward overtime calculations, potentially triggering time-and-a-half or double pay depending on your total hours worked.
The distinction between standby time ("engaged to wait") and on-call time ("waiting to be engaged") significantly impacts your compensation rights. Though many employers may classify all waiting time as non-compensable on-call time, the reality of your situation—not what your employer calls it—determines your pay entitlement.
Armed with this knowledge, you can now better advocate for fair compensation during waiting periods. Many California employees continue receiving inadequate payment for their restricted availability time simply because they don't understand their rights. Take the time to evaluate your specific on-call arrangement against these legal standards. Your time has value—make sure you receive appropriate compensation for it.
References
https://www.dir.ca.gov/dlse/callbackandstandbytime.pdf
https://www.wagehourblog.com/california-applies-different-rules-for-on-call-employees-than-the-flsa
https://www.dayshift.com/2015/12/11/flsa-faq-properly-compensating-employees-for-on-call-time/1293/
https://webapps.dol.gov/elaws/whd/flsa/hoursworked/screenEr80.asp
