Workers paid on an hourly basis in California benefit from numerous rights and legal protections. They generally have the right to receive pay for all time worked. That is a higher standard imposed than the rule at the federal level, which allows for minimal exemptions for short amounts of time.
Hourly workers should have access to accurate timekeeping software and should receive pay based on the exact time they were on the clock. They deserve compensation even for small amounts of time spent performing job functions.
In some cases, employers may limit what workers can do when they are off the clock. They may require that the employee be available on a standby or on-call basis. They need to be ready to answer a call and come in with minimal notice. Do workers deserve pay for that time?
Workers may be eligible for wages
California has rules requiring pay for on-call or standby time if workers are subject to the control of their employers. If they must return calls promptly, if they receive a regular stream of incoming communication or if their employer limits how they use their free time, such as preventing them from seeing a movie or leaving the city, then the worker may be eligible for pay.
Generally speaking, those on call have a right to at least minimum wage for all of the time that they must be on standby for their employers. In some cases, they may have a right to their average hourly wage during that time.
Reviewing standby or on-call requirements with a skilled legal team can help workers determine if they experienced a wage and hour violation. Employees unlawfully denied pay despite providing services for their employers may be able to litigate in pursuit of their unpaid wages.