Can California employers demand unpaid on-call availability?

Employers need to have enough staff available without paying for more support than they actually require. It is a fine balancing act. Many companies, such as medical facilities and construction companies, have to have a minimum number of workers on hand. Even one worker calling in sick or going home early could leave a company at risk of violating industry regulations.

One of the ways that employers ensure they have enough assistance when they need it is to ask some workers to be on-call or on standby when they are not actually on the schedule. Workers who are on call or on standby typically cannot leave the area or engage in behavior that makes them unavailable, such as turning their phone off to attend a concert.

The expectation that a worker should be available on call or on standby for their employer can reduce their personal freedoms and limit their ability to work a second job. Can employers demand on-call availability without compensating workers for that time?

California has strict on-call pay rules

The state of California has some of the best regulations in court rulings for workers and their pay rights. For example, California does not recognize the federal de minimus rule and instead requires that workers receive pay for all of the time spent working for their employers when they receive hourly pay.

Stricter rules also apply for work requirements imposed on days workers do not have to be physically present. The California courts have ruled on cases related to standby or on-call time. Those prior court cases have affirmed the rights of workers to receive pay for any time that employers require them to be available on an on-call or standby basis.

Technically, employers do not have to provide the worker’s standard hourly wage if they don’t have to actually work. The employee may only receive minimum wage in many cases. However, employers should pay employees for the time that they must commit to being on call or on standby for the company. Employers sometimes try to manipulate workers by lying to them about wage. Even when employees assert themselves, some companies may refuse to pay what workers deserve.

Pursuing a wage claim for on-call or standby time may be a necessary step if employers don’t comply with the law voluntarily. Workers who frequently have to provide on-call availability, and who know their rights, can take appropriate action to get the pay they deserve.