"On-Call" And "Stand By" Labor Laws in California

How They Are Counted Towards Wage In California

There are several ways your work hours can be counted. There are a lot of caveats when it comes to time and wage, hence why there are specific policies on commissions, medical leaves, California break laws for part-time employees, etc. In some cases, you might not be doing much at all at a specific time, only that you need to be alert for the next task.


That said, let's talk about stand-by and on-call laws and how they affect your employment law rights in California.


california on call laws

What's The Difference Between "On-call" And "Stand-by" In California Employment Law?

Here's the definition of "on-call" and "stand-by", as referenced by every Employment Attorney in Los Angeles:


If you're on "stand-by" outside of your regular working hours, it implies you have to be available for work and can't do anything else with the time you're there. For the duration of your stand-by status, you get paid at your regular straight-time rate.


If you are "on-call" outside of your regular working hours, you must be available to work, but you are not restricted in how you utilize your time unless you are required to work. When you are "on-call," you are paid one-sixth of your regular income (if you are an hourly employee).


A Quick Intro To California On-call Laws


Under California Industrial Wage Order No. 4, the California Supreme Court ruled in January 2015 that employees working 24-hour shifts must be compensated for all time spent at the employer's workplace, including sleep time.


Time at the employer's work site is deemed "hours worked" for w