California On-Call and Standby Time Policy Explained

Posted on May 19, 2025 | By Omid Nosrati | Employment Law

State law provides strong employee protections, especially regarding wage and hour laws. These laws include protections and regulations for compensation when non-exempt employees are “on call” or on “standby” for their work. Depending on the circumstances of your on-call work, you may be entitled to at least the minimum wage for those hours. These hours also factor into determining overtime pay. If the employee is subject to a certain amount of control by the employer while on standby, they are owed compensation. It is because of the implications these laws can have on your life that you may benefit from learning more about the California on-call and standby time policy.

If you even slightly suspect that your on-call and standby time rights have been violated by your employer, you may benefit greatly from the help of a California on-call and standby time policy lawyer. At Nosratilaw, A Professional Law Corporation, we believe in assisting you every step of the way as you pursue justice, monetary compensation, unjustly lost wages, and peace of mind.

Our lawyers can help you navigate the complicated world of California employment law, answering all of your questions, encouraging you during the difficult times, and advocating on your behalf from start to finish. Before you take the next step, however, you may benefit from growing your understanding of the California on-call and standby time policy.

Understanding On-Call and Standby Time

On-call or standby time refers to time that is not spent working but is still under an employer’s control, as the employee is unable to use that time off work to do things they’d like to do. Often, this time refers to unusual hours in certain fields. This includes:

• Healthcare staff who are required to work for multiple days and remain at the hospital during their shifts
• Healthcare staff who need to be at work within a specified time after they are called in
• Security guards who remain on premises for several days
• Coroners who need to be available within a certain amount of time after a death
• Firefighters who are on-site at the station for several days

Although these workers are not actively working, they can’t use their time to do other things because they need to be ready to work at any moment.

Are Employees Entitled to On-Call and Standby Pay in California?

If an employee is engaged to work, and subject to the employer’s control, they are entitled to pay for each hour worked. This pay does not have to be their usual rate, but it can’t be less than the minimum wage. Any “hours worked” must be under sufficient employer control, which is determined by several factors.

How On-Call and Standby Pay Is Determined

Even if an employee is doing non-work-related activities, they may still be considered controlled by their employer. Whether an employer’s control is significant enough to warrant pay depends on these factors:

1. An employee is required to live at the work site, or there are excessive geographical restrictions on their movement. If the employee isn’t allowed to go far from work, this may be considered an excessive restriction.
2. The employee received frequent calls to work. An employee who receives few calls to work may not be entitled to compensation. If the employee receives frequent calls that are unduly restrictive, and prevent the use of on-call time for other reasons, their employer is controlling their time, and they should receive compensation.
3. The employee must respond within a fixed time, which is unduly restrictive. If an employee must respond to a standby call in a short period of time, their time is significantly controlled by the employer.
4. The employee cannot easily trade on-call time with a coworker. If an employee sees negative consequences for getting a coworker to complete the on-call duties, this on-call time is considered controlled by the employer.
5. The employee is engaged in personal activities while on call. If there isn’t much interruption during these activities, and the employee’s time is not primarily spent on work, the on-call time will likely not be entitled to pay.

The impact of these factors varies based on the specific circumstances. Generally, the more control an employee’s employer has over their time, the more likely they are to be entitled to compensation for it.

When you enlist the assistance of a California on-call and standby time policy lawyer, they will be able to help you better understand the implications of these variables. They have an impact on your life and the access you have to your rightfully earned wages.

What You Can Do If You Aren’t Being Compensated for Standby or On-Call Time

If you work standby or on call, and believe you should be receiving compensation for some or all of your time, you can file a claim. If your employer isn’t paying you and should be, this is a violation of wage and hour laws. You can file with the California Labor Commissioner’s Office or with a civil court. You could earn compensation for lost wages. These claims frequently become class action claims, as an employer failing to pay one on-call employee is likely doing the same with other employees.

If you plan to file a claim, first discuss your situation with a wage and hour attorney. That way, you can determine if your claim is valid and how much of your work you should’ve been compensated for. An attorney can also help you file your claim, gather evidence, and find others who have experienced the same wage and hour violations.

How Can I Benefit from the Help of a California On-Call and Standby Policy Lawyer?

Problems at your place of employment come with their own brand of anxiety, but this can be elevated to an entirely new level when you attempt to factor in the complex and confusing world of California employment law. Fortunately, you do not need to face these difficulties or proceedings alone.

A California on-call and standby time policy lawyer can help you every step of the way as you work to pursue compensation for the mistreatment you have suffered at the hands of your employer. Once you have filed a claim and gone through the proper steps, you, your California on-call and standby time policy lawyer, your employer, and any additional parties will most likely begin working toward a settlement.

Whether or not your case settles outside of the California court system, there are many ways that a California on-call and standby time policy lawyer can help you create and present your case.

Civil cases are capable of settling outside of court, and your lawyer will be able to negotiate on your behalf, representing you and your interests as they draw attention to any potential injustices you have suffered, all the while doing everything in their power to help you obtain monetary compensation for the mistreatment you have suffered.

This can occur without a trial, and is often the case, as it is simplified, takes up far less time, and protects the company you work for from any potential negative attention and/or press they may receive due to the injustices you have suffered while working for them.

It is possible, however, that you will not be able to reach a settlement with your employer without the involvement of the California court system. This means that there is still the potential that you may find yourself in need of a courthouse as you continue to pursue a resolution for your case.

This is yet another reason that you may find hiring a California on-call and standby time policy lawyer to be incredibly beneficial. Not only can they help you with initial negotiations and/or litigation, but they can also build and present your case in a court of law if your case requires it of them.

Depending on the region of Los Angeles that is located most conveniently for you, your case will possibly carried out in the Los Angeles Superior Court – Stanley Mosk Courthouse, the U.S. District Court for the Central District of California – Western Division, or one of the additional locations of the Los Angeles Superior Court, such as the Santa Monica or the Van Nuys courthouses.

Your lawyer will do everything they can to help you prepare for your appointment, as well as to understand any potential trial proceedings you may be called to. In addition to questions you may have about your trial and/or the courthouse it may take place at, your California on-call and standby time policy lawyer will be able to help you gain answers for the many other subjects you may be finding confusing or difficult to understand.

Legal proceedings, terminology, and protocol can all be especially complicated to grasp, especially if this is your first time interacting with the California legal system. Your lawyer will most likely expect this and can find ways to adjust their approach to help you accordingly.

If you find yourself feeling overwhelmed, the team of California on-call and standby time policy lawyers at Nosratilaw, A Professional Law Corporation, can help. We believe in walking alongside you from the moment you enter our office to the day you are satisfied with the outcomes of your case. We also work incredibly hard to show compassion and provide caring insight with every interaction we have with you, doing all that we can to help you accomplish your preferred results.

Standing up for yourself and seeking justice can be an emotional process, and we are more than happy to help you pursue peace of mind, as well as compensation. While it may feel like an impossible undertaking, hiring a lawyer from Nosratilaw, A Professional Law Corporation, can make all the difference in your case, its outcomes, and the impact this event has on your life.

FAQs

What Is the Policy for On-Call and Standby Time and Pay in California?

If an employer exerts significant control over the employee’s time, the employee is entitled to compensation. There is likely significant employer control over an employee’s time if they must:

• Respond to a call within a short period of time.
• Be within a certain distance of the worksite.
• Live on the worksite.
• Be frequently called into work.

What Is On-Call and Standby Pay in California?

If an employer has control over an employee’s time for some or all the on-call hours, that employee is entitled to compensation. Their pay does not have to be the same as their regular rate of pay, but it cannot be less than the minimum wage. Any time that the employee is required or permitted to work, even if not required, should be compensated.

What Is the Law for On-Call Hours in California?

Being an on-call or standby worker means that you are not actively working but need to be available to work. How you use your time while on standby is up to you, unless you are required to work. If you can’t use your time as you want, then your employer has control over your time and owes you compensation. This type of work often applies to employees with odd hours, such as healthcare workers who work several-day-long shifts or security guards who remain on-site for several days.

What Is the Difference Between Being “On Call” and Being on Standby?

Being “on call” and being on “standby” refer to the same thing in the California Labor Code. Both refer to hours when an employee is not actively working or completing job duties but must be available to do so. If the employee can’t use their time as they want to a certain extent, the employer is exerting control over their time, and they are owed compensation.

Legal Assistance With Wage and Hour Violations

Being denied the money that you worked hard to earn can be incredibly discouraging and frustrating. After all, you rely on your paycheck, and you deserve to be given what is rightfully yours.

Almost 14% of Los Angeles residents live below the poverty level, according to the 2023 U.S. Census. Every paycheck and its amount count. Your frustration may increase when you try to shoulder the legal, administrative, and emotional burden of pursuing justice all by yourself. Fortunately, you need to do no such thing.

If you believe your employer isn’t paying you the wages you’re owed, you should work with an experienced San Diego employment lawyer. Contact Nosratilaw, A Professional Law Corporation, today to determine your legal options. You may feel like you have no real options, but we can help you not only understand your rights but also pursue monetary compensation and your wrongfully withheld wages to the full extent of the law.

You deserve to be paid, and you have every right to do everything in your power to ensure that you are. Contact us today to schedule a consultation and learn more about how we can help you pursue justice, compensation, and peace of mind.