Is 24/7 On-Call Work Legal in California?

For many workers, being on-call 24/7 can blur the lines between personal time and work responsibilities. While some industries require employees to be available outside of regular business hours, California has specific labor laws that determine when on-call work is legal and when employers may be violating workers’ rights.

If an employer requires their employee to be on-call at all times, the employee should understand their legal rights and whether they may be entitled to overtime pay, compensation for standby time, or protections against unfair scheduling practices.

What Does “On-Call” Work Mean?

Being on-call means an employee must be available to work if needed, even if they are not actively working at that moment. Some employers expect workers to remain within a certain distance from the job site, limit personal activities, or respond immediately when contacted.

While on-call work is common in industries like healthcare, emergency services, IT, and retail, California law places restrictions on when and how employers can require workers to be on standby.

California Labor Laws on On-Call Work

Are Employers Required to Pay for On-Call Time?

Under California Labor Code and Industrial Welfare Commission (IWC) Wage Orders, an employer must pay for on-call time if the employee’s freedom is significantly restricted while waiting for work. Courts generally consider factors such as:

• Geographical Restrictions – If an employer requires an employee to remain close to a workplace, that time may be compensable.
• Response Time Expectations – If the employee must respond immediately or within a few minutes, the on-call time may count as paid work.
• Limitations on Personal Activities – If the employer’s on-call demands prevent an employee from engaging in personal activities, the time may be compensable.

Example: A nurse required to remain within 10 minutes of the hospital and be ready to report to work immediately would likely be entitled to compensation for on-call time.

Overtime and On-Call Hours

If an employee’s on-call hours push their total work time beyond 8 hours per day or 40 hours per week, California law requires the employer to pay overtime wages at:

• 1.5x the regular rate for hours over 8 per day or 40 per week
• 2x the regular rate for hours over 12 in a single day

Even if an employer does not actively call in an employee, they may still owe overtime pay if the employee’s time was significantly restricted during the on-call period.

Predictive Scheduling Laws in California

For certain industries, California’s predictive scheduling laws prevent employers from imposing last-minute on-call shifts without proper notice.

For example, under California Labor Code § 2802, retail, hospitality, and restaurant employers must provide advance notice of scheduling changes and compensate workers for last-minute cancellations or on-call expectations.

Exempt vs. Non-Exempt Employees

• Non-exempt employees (hourly workers) are entitled to compensation for on-call time if their personal freedom is significantly restricted.
• Exempt employees (salaried workers who meet certain job duty requirements) may not be entitled to additional pay for on-call time, but employers cannot impose unreasonable demands that violate wage and hour laws.

When Is It Illegal to Require On-Call Work in California?

An employer cannot require on-call work in ways that violate California labor laws or workers’ rights:

• Failing to pay for restricted on-call time
• Requiring on-call shifts without proper notice (in applicable industries)
• Forcing an employee to work beyond legal overtime limits
• Retaliating against employees who refuse unlawful on-call expectations

What to Do If Your Employer Requires You to Be On-Call 24/7?

If an employer forces someone to be on-call without compensation, or if it violates California labor laws, the worker may be entitled to back pay, overtime wages, and legal protections.

1. Track On-Call Hours – Employees should keep records of when they are expected to be available and how that affects their personal time. 
2. Review the Employee Handbook – Check if the employer has policies about on-call pay and scheduling.
3. Consult an Employment Lawyer – If a worker believes their employer is violating California wage and hour laws, a labor attorney can help them recover unpaid wages and protect their rights.

Get Legal Help from Lawyers for Justice, PC

California workers deserve fair wages and reasonable scheduling practices. If an employer is forcing a worker to be on-call 24/7 without proper pay, Lawyers for Justice, PC (LFJ) can help. LFJ’s experienced employment attorneys fight for workers’ rights and ensure employers follow California labor laws.

Contact LFJ today at (818) 647-9323 for a free case consultation.