On-Call and Standby Time: When Waiting Is Working in California

If your employer controls your time between calls — response windows, distance limits, activity restrictions — those hours may be compensable even when the phone never rings.

What California Law Says

Hours worked include all time under the employer’s control. The Mendiola decision required pay for on-site standby hours, and off-site on-call time becomes payable when restrictions are so heavy that you cannot effectively use the time for yourself.

How to Fight Back, Step by Step

1. Write out every restriction attached to your on-call status: response time, geographic radius, equipment you must carry, activities prohibited.
2. Log on-call periods and actual call-outs with timestamps.
3. Assess the control level: short response windows and mandatory readiness push waiting time toward compensable.
4. Calculate wages and overtime for the controlled hours.
5. Demand payment and file if refused.

Common Questions

I must respond within 15 minutes. Meaningful?

Very. Tight response windows are among the strongest factors showing employer control over the waiting time.

Do I at least get paid for the calls themselves?

Always — time actually spent handling calls or remote work is hours worked, minute for minute, even if the standby period itself is not.