Overview
This report provides an overview of the federal and state laws requiring employers to record and pay non-exempt employees for all hours worked. In states that have their own law, make sure to still carefully review federal law. Provisions within the federal Fair Labor Standards Act will apply when the state law is silent on the provision or if the provision is less stringent under state law. Please seek the advice of experienced employment counsel for any questions about potential conflicts in state and federal law.
Question Answered
- Is an employer required to pay an employee for on-call time?
Additional Information
If an employer imposes very few restrictions on an employee while on call, the time may not count as hours worked. But, if an employer imposes many restrictions, the time may count as paid time. Some relevant factors include geographic restrictions, how much time before an employee has to report to work when called, and how many calls an employee actually receives. Of course, employees must be paid for time spent actually working in response to calls.
“Work” includes all time controlled by the employer. That is, all time an employee must be on duty at the employer’s premises or at any other prescribed place of work. An employer must compensate non-exempt employees for work requested, required, or permitted.