You clock out, head home, and settle in. But you’re still “on call.” You can’t leave town. You can’t have a drink after work with your friends or at the family barbeque. You’re checking your phone every few minutes, just in case. Your employer says you’re off the clock. But when it comes to on-call pay in California, the law might say otherwise.
I’m Matt Ruggles, and I’ve been practicing employment law in California for over 30 years. I’ve seen more than a few employers try to game the system i.e. labeling employees as “off duty” while controlling their time so tightly they might as well still be at work. It’s one of the most common ways companies try to get free labor without technically calling it that.
I wrote this blog to help California employees understand the rules around on-call pay. When does being on call count as working time, and when can the employer say you are “on call” but not pay you? If your employer is crossing the line, you have every right to push back.
Let’s start with the basics: what “on-call” time really means under California law, and what factors determine whether you should be getting paid for it.
What Is “On-Call” Time?
On-call time refers to periods when you’re not actively performing job duties but are still expected to be available to work if contacted by a customer or client. Jobs in healthcare, security, emergency services, and IT often come with this built-in expectation. You may be required to carry a pager or phone, stay within a limited distance, or respond within a specific timeframe if contacted.
But are you “working” under California law just because you’re on standby? Sometimes—yes. It depends on how much control your employer has over your “on call” time.
The Big Question: Is On-Call Time Compensable?
In California, it depends. The defining issue is control. If your employer’s rules during on-call time substantially limit your ability to use that time as you see fit, then it’s likely considered “hours worked” and must be paid.
If you’re trying to recover unpaid wages and want to approach it like a pro, read my blog: How to Demand Unpaid Wages Like an Employment Lawyer.
How California Defines “Hours Worked”
According to California Code of Regulations (8 CCR § 11050), “hours worked” means:
“the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.”
This definition is broader than the federal standard. It includes time when the employee isn’t actively performing tasks but is still subject to employer control.
So what exactly counts as control?
Key Legal Case for On-Call Pay: Mendiola v. CPS Security Solutions, Inc.
In the landmark 2015 case of Mendiola v. CPS Security Solutions, the California Supreme Court held that security guards required to stay overnight on site, even though they could sleep, had to be paid for all that time. Why? Because the employer imposed significant restrictions: the guards couldn’t leave, had to respond to disturbances, and couldn’t use their time freely.
The Court laid out a multi-factor test to evaluate whether on-call time counts as “hours worked.” Let’s go through those factors.
The 7 Control Factors to Determine On-Call Compensation: Are You Actually Free?
If you want to know whether your on-call time should be paid, don’t just go with your gut—look at the legal factors. California courts use a specific set of criteria to decide whether on-call time counts as “hours worked.” These aren’t suggestions; they’re the framework.
Below, I’ve laid out the seven key control factors that determine whether you’re entitled to pay. Read each one carefully. The more control your employer has over your time, the stronger your case for compensation.
Control Factor #1: Do you have to stay on-site or close by?
Being required to remain at your workplace or within a tight radius points toward compensable time.
Control Factor #2: Are your movements excessively restricted?
If you can’t go out for dinner, hit the gym, or even run errands, your freedom is being restricted.
Control Factor #3: How often do you get called in?
Frequent or unpredictable calls interrupt your personal time and suggest control.
Control Factor #4: Is your response time short?
If you must respond within 15 to 30 minutes, you’re probably not free to use the time as you wish.
Control Factor #5: Can you trade shifts?
If you can easily swap on-call shifts, the burden may be seen as less intrusive.
Control Factor #6: Does a phone or pager ease the burden?
If a device lets you move freely, courts might see less control—but that’s not always the case.
Control Factor #7: Can you actually do what you want?
Courts examine whether employees can realistically watch TV, sleep, shop, or socialize during on-call time.
No single factor is decisive. Courts evaluate the totality of the circumstances.
Not All On-Call Time Is Compensable: Gomez v. Lincare, Inc. (2009)
Not every on-call situation qualifies as paid time under California law. In Gomez v. Lincare, Inc. (2009), the court drew a clear line. Employees were required to respond to a page within 30 minutes, but they weren’t required to stay at home. They could trade shifts with coworkers and still go about their personal lives including running errands, dining out, seeing friends. The level of control wasn’t tight enough.
The court ruled that because the employees still had meaningful freedom over how they spent their on-call time, that time didn’t qualify as compensable hours worked. Gomez is a reminder: if your employer allows you real flexibility while on call, the law may side with them.
Who Benefits from On-Call Time – Your Employer or You?
Courts also weigh whether the on-call time primarily benefits the employer. If you’re stuck waiting and can’t use the time freely, that’s time the employer should be paying for. But if you can live your life and just occasionally answer a call, the law may not require compensation.
On-Call Sleep Time: It Might Still Count
If you’re on call overnight and required to stay on-site, even if you’re allowed to sleep, that time may still be compensable. Mendiola made that clear. But if you’re off-site and free to sleep at home, you generally won’t be paid unless you’re actually working during that time.
Rest Breaks and On-Call Time Don’t Mix
California law requires employers to provide duty-free 10-minute rest breaks. That means no work, no checking your phone, no “just be available in case something comes up.” A break isn’t a break if you’re still on the hook.
In Augustus v. ABM Security Services (2016), the California Supreme Court made this crystal clear. ABM required its security guards to keep their radios and pagers on during rest breaks and to respond if needed. The company argued that since interruptions were rare, the breaks still counted. The court disagreed.
The ruling held that requiring employees to remain on call during rest breaks violates California’s labor laws. If you’re expected to be reachable or respond to calls during a break, your employer hasn’t given you a legal rest period and they owe you wages for that time.
On-Call Scheduling and “Reporting Time” Pay
Some employers try to have it both ways: expecting you to be available without committing to giving you hours. A common trick is on-call scheduling: you’re told to “call in” a few hours before your shift to find out whether you’re needed. If you’re not called in, you lose the hours and the employer thinks they owe you nothing.
California courts disagree. In Ward v. Tilly’s, Inc. (2019), the Court of Appeal ruled that this practice qualifies as “reporting for work” under California’s wage orders. Even though the employee didn’t physically show up, the act of calling in, under threat of discipline for failing to do so, triggered the reporting time pay requirement.
The court reasoned that requiring employees to keep their schedules clear and remain available, only to cancel their shifts last-minute, imposes a real burden. If you’re expected to check in and stand by, your time has value, and California law says you must be paid for it, up to a minimum of two hours under the applicable wage order.
Special On-Call Pay Rules for Live-In Employees
If your home is also your workplace, whether you’re an in-home caregiver, apartment manager, or domestic worker, California law applies a different standard. You’re not automatically entitled to pay for every hour you’re on the premises. Instead, the key question is whether your employer exerts significant control over your time.
In general, live-in employees must be paid for all hours they spend actively performing job duties. But if your employer places significant restrictions on your personal time, even when you’re not actively working, that time may also be compensable. For example, if you’re required to remain on-site overnight, respond to issues at any hour, or keep your activities within strict limits, then that time may count as hours worked.
However, if you’re free to come and go during off-hours, run personal errands, have visitors, or spend time as you choose, then those hours likely aren’t compensable, even if you’re physically present at the worksite. The more your employer controls your time and movement, the more likely the law will consider that time work.
Bottom line: just because you live at your workplace doesn’t mean your employer can demand your constant availability without paying for it. If you’re a live-in worker and unsure whether your unpaid hours are legal, it’s worth getting a legal opinion.
If you’re missing wages and your employer’s not budging, read my blog: How Do I Resolve an Unpaid Wages Dispute in California?
Some Cities Add Extra Protection for On-Call Employees
Local ordinances in places like San Francisco, Emeryville, and Berkeley go further than state law. They may require predictable scheduling, penalties for shift changes, or additional pay for on-call shifts. Check your city’s rules if you work in one of these areas.
What Should You Do if You’re Not Being Paid for On-Call Time?
If your employer isn’t paying you for time you spend waiting by the phone, unable to leave the area, or required to respond immediately, take action:
- Document everything. Keep a log of schedules, locations, response times, and what work you actually did.
- Speak to your employer. Some violations happen out of ignorance, not malice.
- File a complaint. The California Labor Commissioner enforces wage and hour laws.
- Talk to an attorney. At Ruggles Law Firm, we know what questions to ask and how to get results.
Real-World Examples
Example #1: Night Watchman
You’re required to stay in a trailer at a remote site overnight. You’re allowed to sleep but must respond to any disturbance. You can’t leave.
Result: Compensable. You’re under significant employer control.
Example #2: IT Technician
You’re on call after hours and must respond to urgent help desk tickets within 30 minutes. You’re free to go out and rarely get called.
Result: Likely not compensable. You retain substantial personal freedom.
Example #3: Home Care Aide
You live with the patient and must be available 24/7. You can’t leave the patient alone.
Result: Very likely compensable, even during sleep hours, because of the constant control.
Final Thoughts About On-Call Pay for California Employees
California law is clear: If your employer significantly limits your freedom during on-call time, they owe you for it. This isn’t just about fairness, it’s about enforcing your right to be paid for your time.
But don’t expect your employer to just hand over what you’re owed. You have to understand the law, track your time, and assert your rights.
- Read your job’s on-call policies.
- Keep records of when you’re on call and what you’re doing.
- Don’t assume your employer is following the law.
- Speak up, respectfully, if something seems wrong.
- Get legal help—many employment law firms, including ours, offer free consultations.
Whether you’re an emergency response worker, repair technician, dispatcher, or security guard, remember: time is money and your time must be compensated according to California law.
Contact the Ruggles Law Firm at 916-758-8058 to Evaluate Your Potential Lawsuit
Matt Ruggles has a thorough understanding of California employment laws and decades of practical experience litigating employment law claims in California state and federal courts. Using all of his knowledge and experience, Matt and his team can quickly evaluate your potential claim and give you realistic advice on what you can expect if you sue your former employer.
Contact the Ruggles Law Firm at 916-758-8058 for a free, no-obligation consultation.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
