On-call and standby time: when you must be paid
On-call time is paid when the waiting is constrained enough to be hours worked. There is no rule based on the size of a stipend. The test is whether the employee is so restricted that they cannot use the time effectively for their own purposes.
On premises
Waiting on the employer's premises is generally compensable, though the employee still has to be making a real use of the time for their own purposes. Waiting away from the premises is generally not compensable, unless the call frequency and the response window are so tight that the employee is effectively tethered.
What courts look at
- How many calls actually came in, and on how many days.
- The response window, minutes or hours, and whether it can be met from anywhere.
- Whether another employee can cover, giving real flexibility to trade.
- Whether the employee can drink, take a second job, or leave the area.
- Whether a pager or phone must be answered, versus checked at will.
A low call volume with a wide response window and swap rights usually means not compensable. High call volume, a short window and no swaps usually means compensable in full.
Call-back and minimum shift rules
Where a distinct problem is settled after hours, employers often have a call-back premium of two to three hours at the regular rate even if the fault takes ten minutes. These are contractual, and they usually run alongside, not instead of, the compensability question. A callback also counts toward the 40-hour week.
Sleep time
Employees on duty for 24 hours or more may have up to eight hours of sleeping time excluded and meal periods excluded, by prior agreement, where the employer provides adequate sleeping facilities and the interruptions are not too frequent. Any interruption is compensable, and if sleep is seriously disturbed the whole night may be paid. A shift under 24 hours has no sleep exclusion at all, so the entire period on duty counts.
What to keep
Log every call with its time and duration. The frequency argument is settled by records, and the employer's own dispatch logs are the evidence that usually decides it.