Being on-call may sound harmless—until you realize you’re sacrificing personal time without pay. In many industries, employees are required to remain “available” during certain hours even if they’re not actively working. But under California law, not all on-call arrangements are legal.
If your employer is requiring you to stay on-call without proper compensation, you may have a wage and hour claim. Here’s how to understand your rights and what you can do if those rights are being violated.
What Is Considered an “On-Call” Shift?
On-call shifts are periods when an employee must be ready to work but isn’t necessarily at the job site. These shifts can vary:
- You may need to stay within a certain distance of your workplace
- You may be required to respond to calls or texts within a set time
- You may not be able to engage in personal activities like drinking alcohol or traveling
Even if you’re not physically working, being on-call can place restrictions on your freedom—and the law takes that into account.
When On-Call Time Must Be Paid
In California, employers must compensate employees for on-call time if the restrictions placed on the employee are significant enough to control their time. Courts look at several factors:
Key considerations include:
- Geographic limitations: Are you required to stay within a certain area?
- Response time: How quickly must you report to work?
- Frequency of calls: How often are you actually called in?
- Activity restrictions: Are you prevented from engaging in personal activities?
- Disciplinary policies: Are there penalties for missing or ignoring a call?
If the on-call conditions interfere with your personal time to the extent that you’re effectively working, your employer may be required to pay you for that time—even if you’re not physically at work.
Common Industries Affected
While on-call shifts can occur in any field, they’re especially common in:
- Healthcare and home health
- Security services
- Maintenance and facility management
- Hospitality and food service
- Retail (particularly with “on-demand” scheduling)
Unfortunately, workers in these sectors are often underpaid or not paid at all for the time they’re required to remain available.
How Employers May Try to Avoid Paying
Employers sometimes use tactics to avoid paying for on-call time, such as:
- Labeling shifts as “voluntary” when they’re clearly expected
- Failing to provide clear policies or documentation
- Relying on vague language in scheduling apps
- Penalizing employees for non-responsiveness without offering compensation
These practices can violate California wage and hour laws—and you may be entitled to back pay and penalties.
What You Can Do if You’re Not Paid for On-Call Time
If you believe your employer is improperly denying wages for on-call shifts, take the following steps:
1. Keep Detailed Records
- Note every on-call shift, how long you were required to be available, and any calls or texts you received.
- Document any restrictions your employer placed on your personal time.
2. Save Communications
- Keep emails, texts, or app notifications related to on-call expectations.
- Screenshot scheduling apps that show changes or late-night demands.
3. Talk to Coworkers
- If others are experiencing the same issue, their testimonies can help strengthen your claim.
4. Contact a Wage & Hour Attorney
- At PLBH, we help employees pursue claims for unpaid wages, missed breaks, and other labor violations. You may be eligible for unpaid wages, interest, and additional penalties.
Let PLBH Fight for Your Unpaid Wages
California law protects workers from unfair wage practices—including improper use of on-call shifts. If your time was controlled, you should be compensated. Don’t let your employer take advantage of your availability without fair pay.
Call PLBH at (800) 435-7542 today to schedule a free consultation. We’ll review your situation and help you assert your rights under California labor law.