On-Call (Standby Time)
In California, time spent waiting to be called in for work (on-call or standby time) may, in some cases, be compensable. In determining whether on-call or standby time is compensable, an analysis of the degree of control the employer retains over the employee during on-call or standby time is necessary. Generally, the more restrictive the conditions are which are placed on the employee during on-call or standby time, the greater the chances are that the employee must be compensated for waiting.
An unlawful on-call or standby time policy may entitle employees to penalties, interest and reimbursement of attorney fees and costs, in addition to the payment of unpaid wages or overtime wages for time spent waiting.