On-Call and Standby Time: When Waiting Is Working

California has specific rules about when on-call time must be compensated — and those rules are more favorable to workers than federal law. Workers who are required to remain available for work, even if they’re not actively working, may be entitled to pay for that time.

The Control Test

California courts use a “control” test: if the employer restricts the worker’s activities significantly during on-call periods, that time is likely compensable. Factors include: how quickly the worker must respond to a call, how far they must travel, whether they can use the time freely, and how frequently they’re actually called in.

Workers who must stay near the job site are almost certainly owed compensation. A security guard who must remain on site during a paid break that the employer can interrupt is not receiving a genuine rest period. A repair technician who must respond within 30 minutes is not free to use that time however they choose.

The California Wage Theft Recovery System gives workers the exact tools and templates to document violations, calculate what they’re owed, and file the right claims at the right agencies — without paying an attorney to get started. Request your free evaluation here.