On Call, Standby and Compensable Work

Under California law, compensable work time includes any period when an employee is subject to the employer’s control, even if the employee is not actively performing their job duties. This may include required pre-shift or post-shift tasks, such as putting on or removing required uniforms or equipment; mandatory waiting time at the worksite; on-site on-call time; required meetings or training; and travel between job sites during the workday. Ordinary commuting time is generally not compensable. Employers accustomed only to federal rules may unintentionally violate California law because, when an employer controls what an employee does or where the employee must be, that time is usually paid work time.

Whether on-call or standby time is compensable depends on how much control the employer exercises during that period. On-site on-call time is generally paid. Off-site on-call time may also be compensable when the employee’s freedom is significantly restricted; the greater the employer’s control, the more likely the time qualifies as paid work time.

Employees have several options against employers that fail to pay them all their on call, standby, and compensable wages. They may file a claim with California’s Labor Commissioner’s Office at no cost. Or they may hire their own attorney and file a lawsuit in court.

If you believe that pour employer failed to pay you all your on-call, standby and compensable work, contact the Law Offices of Ugo O. Asobie. Free Consultation. On-call, standby and compensable work cases are handled on contingency.