According to the Bureau of Labor Statistics (BLS), the median weekly earnings of full-time wage and salary workers are $1,192 as of the 4th quarter of 2024. Some people need to earn more to live a comfortable life and be able to buy their basic needs. Workers who know how much they deserve to be compensated are able to fight for their rights and maximize their salaries.
In California, policies associated with on-call pay can be complicated and are often not well understood. On-call pay is the compensation that workers receive for their readiness to work at any time. Usually, this happens after regular work hours.
As the gig economy grows and more people have non-traditional jobs, on-call pay has become a more important topic for workers and companies in California. Many employees may not be aware of their rights or entitlements, especially for first-time workers.
Let’s learn more about California on-call pay, how it is calculated, and what employees need to know to receive fair compensation for their work.
Understanding On-Call Pay
Being on call requires you to be accessible and prepared for any unforeseen circumstances at the workplace.
On-call income compensates for being employed and contracted without seeking time and flexibility, which you can use later. You usually get a standing charge for being on call, regardless of call volume.
Keep in mind that on-call policies might differ by company. Understanding on-call pay can and will help you organize your time properly and ascertain fair compensation for just being out there and ready, whether or not you’re necessarily executing tasks.
Legal Framework for On-Call Pay in California
California state law provides that employers fairly compensate their on-call employees for their availability. If you can’t engage in work and have to wait around to perform, then you are entitled to compensation. Companies must implement on-call policies that do not violate your rights, such as unreasonable restrictions on your free time.
Other circumstances can also increase the compensation you can receive. For example, the limitations imposed by your employer, such as the requirement to remain within a certain distance while on call, may necessitate additional pay for an employee.
Just because you are on call doesn’t necessarily mean that you are getting paid. It all depends on what restrictions are placed upon you.
If you find yourself in this situation, review your contract and seek advice from appropriate professionals.
Calculation of On-Call Pay
Calculating on-call pay is influenced by the unique terms of your employment, the level of time restrictions that have been imposed, and the company’s policy in question. The numerous factors involved make computing on-call pay difficult.
Normally, your pay is determined by analyzing your employment agreement or collective bargaining agreement in writing.
If you spend time answering personal questions instead of anticipating work, your on-call pay may decrease. Most employers pay a flat wage or a portion of a typical hour. Employees are typically paid their regular rate for work completed during on-call hours.
Employee Rights Regarding On-Call Work
On-call workers are entitled to receive payment for the hours that their employer called them in. Ideally, your employer should notify you in advance if they intend to have you work after regular business hours.
Workers who do on-call work have the right to rest and eat during their shifts. If you feel that there has been a violation of your rights, you can make your concerns known via available channels or by directly reporting back to the appropriate authorities.
Employer Responsibilities for On-Call Pay
Workers should know the obligations of their employer regarding on-call duties.
If your employer places limitations on your availability, they should compensate you accordingly. If your employer instructs you to be available on the phone, you should be compensated for the time you spent waiting, regardless of whether there was any significant action taken.
Employers must provide reasonable notice of the on-call roster and allow ample time for their employees to arrange their schedules and accommodate the extra work.
Employers have to comply and follow wage and overtime laws to provide legally compliant wages to employees. Knowing your employer’s legal responsibilities will help you fight for your rights and receive fair compensation for the work you have done.
Common Challenges and Considerations
Employees may struggle to understand on-call pay when there is no clear definition of what they can expect.
The situation becomes more complex since many firms fail to clearly define on-call time or differentiate it from work hours. Even if you are called in, you may not know how the hours will be calculated. It is necessary to clarify whether you will be paid a fixed amount or for actual hours worked.
On-call hours disrupt the personal time of employees and may cause burnout. Employees must openly engage with their employers to resolve issues related to such duties while seeking clarification.