Most people have no idea they might be entitled to pay for being on-call. Seriously. But in California, on-call work has specific rules, and they can work in your favor. Let’s break down exactly what you need to know.
Whether you’re a medical professional, firefighter, restaurant manager, or customer service rep, on-call time is a real issue. You’re not working, but you’re also not totally free. California law recognizes this. Here’s what applies to you.
What Does On-Call Mean?
Okay, so let’s define this first. Being “on-call” means you’re required to be available to work, but you’re not actively working yet. You’re waiting for a call or message to come in.
Think of it like this: You’re not at work, but you can’t really leave town. You need to respond quickly if your employer needs you. That’s on-call status. Right?
The tricky part? Figuring out when your employer has to pay you for that time. And that’s where California law gets specific.
California’s Basic On-Call Rules
California doesn’t have one single law that covers all on-call situations. Instead, courts have created rules based on how much control your employer has over you.
Here’s the key question: How much freedom do you actually have while on-call?
If your employer says, “You must stay within 15 minutes of the workplace,” that’s heavy control. You can’t really do your own thing. That’s different from, “Call us if you can make it.” The second one gives you way more freedom.
California courts look at several factors when deciding if you need to be paid. The more control your employer has, the more likely you need to be compensated for that time.
When You Must Be Paid for On-Call Time
Here’s where it gets important. Stay with me here.
You must be paid for on-call time if the call significantly restricts your personal activities. This means you can’t just hang out and do whatever you want. Your employer’s needs come first.
What does “significantly restricts” mean? Courts consider things like how quickly you need to respond, how close you have to stay to work, how often you actually get called, and whether you can do other activities while waiting.
If your employer requires you to stay within 5 minutes of the workplace, that’s restrictive. If they want you back within 30 minutes, that’s getting less restrictive. If you can be anywhere as long as you answer your phone within an hour, you might have more freedom.
When You’re Probably Not Paid
You’re probably not getting paid for on-call time if you have genuine freedom to do what you want. The key word here is “genuine.”
If you can go to a movie, grab lunch out of town, or do basically anything normal people do, and you can still respond when called, you might not be entitled to pay. But this only works if your employer actually allows this freedom in practice.
Honestly, this is the part most people miss. Lots of employers say you have freedom, but then get upset if you don’t answer right away. That’s a problem for them, not you.
California Labor Code and On-Call Work
California Labor Code Section 515 sets the minimum wage rules. But it doesn’t specifically define on-call pay. That’s why courts have stepped in over the years.
The most important court case is Prachasaisoradej v. Ralphs Grocery Co. This 2007 case created the test that courts still use today. The rule: you get paid if on-call duties “substantially restrict” your personal activities.
Not sure what counts as a violation? Let me break it down. Courts ask: Could you realistically do normal personal stuff while on-call? Or were you basically stuck waiting by the phone?
A restaurant manager required to be on-call every weekend within 15 minutes? Probably gets paid. Someone who can check email from home but isn’t restricted otherwise? Probably doesn’t.
Recent Changes and Updates
California law on this topic hasn’t had major statute changes recently, but court decisions keep clarifying things. Employers and employees have been debating on-call pay for years.
In 2023 and 2024, there have been more lawsuits about gig workers and on-call status. Delivery drivers, rideshare workers, and app-based workers are pushing for on-call compensation. These cases might eventually change how on-call pay works.
But here’s the thing: These cases take time. For now, the Ralphs test still applies. The “substantial restriction” standard is still the main rule.
Penalties and What Happens if You’re Not Paid
Okay, pause. Read this carefully. This is important stuff.
If your employer doesn’t pay you for on-call time when they should, you can take action. And the consequences for them can be serious.
You’re entitled to receive minimum wage for all on-call hours if those hours were substantially restrictive. In California, minimum wage varies by location and company size. As of 2026, it ranges from about $16.00 to $17.00 per hour in most areas, though this changes annually.
That means if you worked 10 on-call shifts of 8 hours each and weren’t paid, you’re looking at at least $1,280 in unpaid wages. Multiply that by multiple workers, and it adds up fast.
But wait, there’s more. Employers who violate on-call pay rules can face:
Penalties for unpaid wages. You get back pay for all the hours you should have been paid. This isn’t negotiable. If they owe you money, they owe it.
Waiting time penalties. If your employer doesn’t pay you all wages owed when you quit or get fired, California law requires them to pay a penalty. This equals one day of pay at your regular rate for each day they delayed payment, up to 30 days maximum.
Damages and interest. You can collect interest on unpaid wages. Think of it like a fine that keeps growing.
Attorney’s fees. If you file a lawsuit and win, your employer has to pay your lawyer. This means you don’t have to pay those costs yourself.
Penalties up to $200 per violation. Each pay period without on-call compensation counts as a separate violation. A restaurant chain with 50 managers not paying on-call wages? That’s 50 separate violations, potentially more if it went on for years.
Plus, if your employer intentionally misclassifies you as not entitled to on-call pay, penalties can be even steeper.
Special Situations in California
Hospital and Healthcare Workers
Healthcare is a big on-call industry. Doctors, nurses, and technicians often have on-call duties. California hospitals usually have to pay for on-call time if it significantly restricts the worker’s activities.
But here’s where it gets interesting. Some hospitals argue that on-call is part of the job culture. They say workers accept it as part of medical work. Courts sometimes agree with this, especially for doctors and senior medical staff.
That said, restrictions matter. If a hospital requires staff to stay within the hospital or very close by, you probably get paid. If you can be anywhere and just need to arrive within an hour, you might not.
Restaurant and Retail Management
Restaurant managers on-call for emergencies? This is tricky. Practically speaking, if you’re required to be within 15 minutes and you’re the only person who can handle a crisis, you’re probably substantially restricted.
The fact that you don’t get called often doesn’t matter. The question is whether you could have done other things. If the requirement itself prevents that, you likely get paid.
Public Safety and Emergency Services
Firefighters and police officers have different rules. These jobs are inherently on-call. Many municipalities already have agreements that include payment for on-call time, so this might not be an issue. But if you’re in private security or similar work, the same rules apply.
Gig Workers and App-Based Workers
Wait, it gets better. Gig workers and app-based workers (delivery drivers, rideshare drivers) might be entitled to on-call compensation too. This is a newer area, and courts are still working this out.
If an app keeps you “logged in” and available but you’re not actively working, that might count as on-call. You’re essentially required to keep your phone ready and be available. Some lawyers argue this is substantial restriction.
These cases are ongoing, so this area could change significantly by 2027.
How to Know If You Should Be Getting Paid
Ask yourself these questions, honestly.
First: Does your employer require you to be available during on-call time? Yes or no. If they don’t require it, you’re not really on-call.
Second: How quickly do you have to respond? Do you need to answer your phone within 5 minutes? 15 minutes? An hour? Shorter response times mean more restriction.
Third: Where do you have to be? Do you have to stay within the workplace? Within a certain distance? Nowhere specific? Closer requirements mean more restriction.
Fourth: How much personal freedom do you actually have? Could you realistically go see a movie? Have dinner with friends? Go to the beach? Or would doing any of those things risk not being able to respond when needed?
Fifth: How often do you actually get called? Sometimes getting called often proves you were actually working a lot. Other times, hardly ever getting called suggests you had real freedom.
Sixth: What does your employment contract say? Some employers actually put on-call terms in writing. If they do, that’s helpful. But even if they don’t, the actual practice matters more than what’s written.
If most of these point to tight restrictions, you probably should be getting paid.
How to Address Unpaid On-Call Wages
Wondering what to do next? Here’s the practical guide.
Document everything first. Keep records of all on-call shifts. Write down dates, times, how long you were on-call, and whether you got called. Take screenshots of text messages or emails showing you were on-call. This is your evidence.
Check your paystubs carefully. Look at what you’re actually getting paid for. If on-call time isn’t listed, it’s probably not being paid. Keep copies of every paystub.
Talk to your employer. Seriously, try this first. Sometimes employers don’t even know they’re supposed to pay. Have a calm conversation. Say something like: “I want to make sure I’m being paid correctly for on-call time. I’ve been on-call for [X hours] and wanted to check if this should be compensated.”
Get it in writing. If your employer agrees to pay, ask them to confirm in an email. This protects both of you.
File a wage claim. If talking doesn’t work, you can file a wage claim with California’s Division of Labor Standards Enforcement. This is free and starts an official investigation.
Hire an employment lawyer. If the amount owed is significant, contact an employment attorney. Many work on contingency, meaning they only get paid if you win. You won’t have to pay upfront.
Consider a class action lawsuit. If multiple employees aren’t being paid, you might be able to join a class action. This spreads the cost and effort among many people.
California has a strong history of supporting workers on wage issues. You have options.
Frequently Asked Questions
Do I get paid during on-call time in California?
It depends on how much your employer restricts your activities. If on-call duties substantially restrict your personal freedom, yes. If you have genuine freedom to do what you want, probably not. The test is whether the restrictions prevent you from doing normal personal activities.
What’s the California minimum wage for on-call time?
You must be paid at least minimum wage for on-call hours. California minimum wage varies by city and employer size but ranges from about $16.00 to $17.00 per hour in 2026, with increases each year. You get paid whatever the minimum wage is in your location.
Can my employer require me to be on-call without paying?
Only if you genuinely have freedom to do normal activities. If the on-call duty substantially restricts you, they must pay. If it doesn’t restrict you much, they might not have to. But many employers pay anyway because the legal definition is unclear.
How do I prove I was on-call?
Keep records of when you were on-call, how long, what restrictions applied, and whether you got called. Text messages, emails, schedules, and witness statements all help. Paystubs showing what you were paid are important too.
Can I get paid for past on-call time I didn’t receive payment for?
Yes. California has no time limit for wage claims as long as your employer’s actions violate wage laws. You can claim back pay going back years in some cases. Talk to a lawyer about your specific situation.
What if I’m a gig worker? Do these rules apply to me?
Possibly. Gig workers in California have been filing lawsuits about on-call compensation. This area is still evolving. If you’re logged into an app and required to stay available, that might count as on-call. Check with an attorney about your specific situation.
Do salaried employees get paid for on-call time?
Yes. Being salaried doesn’t exempt you from on-call pay laws. If on-call duties substantially restrict you, you’re entitled to additional compensation beyond your salary. Salary alone doesn’t cover on-call restrictions.
Final Thoughts
Here’s what you need to remember: California recognizes that being on-call isn’t the same as being free. If your employer requires you to be available in ways that stop you from living your life normally, you probably deserve to be paid.
The law isn’t always crystal clear, and every situation is different. But you have rights. Companies can’t just expect you to wait by the phone for free if that waiting genuinely restricts your activities.
Honestly, this is the part most employers miss. They think on-call is just part of the job. But California law says otherwise if restrictions are real.
Now you know the basics. Stay informed, keep records, and don’t hesitate to ask questions. If you think you should be paid and you’re not, look into it. You might have a legitimate claim. And you’re definitely not alone.
Got questions? Talk to an employment lawyer. Many offer free consultations. It’s worth learning exactly where you stand.
References
- California Division of Labor Standards Enforcement (DLSE) – https://www.dir.ca.gov/dlse/
- Prachasaisoradej v. Ralphs Grocery Co., 40 Cal.4th 929 (2007) – The foundational court case on on-call pay
- California Labor Code Section 515 – https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=515
- California Department of Industrial Relations – Wage and Hour Laws – https://www.dir.ca.gov/dlse/faq_wagetheft.html
- California Labor Commissioner’s Office – Wage Claims Information – https://www.dir.ca.gov/dlse/WageClaimsInfo.html
- Employment Law Information – California Courts – https://www.courts.ca.gov/
- Minimum Wage in California 2026 – Department of Industrial Relations – https://www.dir.ca.gov/dlse/MW/
