Am I supposed to be getting paid for on-call weeks and weekends.

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Am I supposed to be getting paid for on-call weeks and weekends.

My fellow non-exempt employees and I are on-call every 3 weeks. We work for a 24/7 operation. We are a company where being down is losing money by the minute. We are required to stay in the vicinity while on-call in case we need to report to the facility. I read the DLSE definitions of

Asked on August 29, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no hard and fast rule, but as a rule of thumb, even if you have to stay in the area and/or stay sober/not drink, if you could within reason control your own time and elect whether to sleep, socialize, shop, do chores or run errands, consume media (e.g. movies, TV), exercise or play sports, etc., that is NOT considered "work time" and you do not have to be paid. (An employer could elect to pay you if it chose, but is not required to.) Only if you cannot effectively control your time to any reasonable degree or do things of your own choice would it be considered compensible work time.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption