CA DLSE Enforcement Policies and Interpretations 47.6.1Įmployers are permitted to pay employees a lower wage rate for on-call time than they do for time when employees are performing actual job duties. CA DLSE Enforcement Policies and Interpretations 45.1.6.1 California considers on-call or standby time to be “uncontrolled” when an employees is completely unrestricted to use the time for their own purposes. whether the employee is able to actually engaged in personal activities during on-call timeĬA DLSE Enforcement Policies and Interpretations 46.1.2, 47.6.2Ĭalifornia considers on-call or standby time to be “controlled” when the on-call or standby time must be included by employers as hours worked for minimum wage and overtime purposes.whether the employee’s use of a cell phone, pager or other technological device could ease geographic and time restrictions.whether the employee could easily trade on-call responsibilities with another employee.how quickly the employee is required to respond to calls.the geographic extent to which the employer restricted the employee’s movements.the employee is required to live an on-premises.CA DLSE Enforcement Policies and Interpretations Manual 46.1.2 Courts have considered the following factors when determining whether an employer must pay an employee for on-call or standby time: When determining whether an employer must pay an employee for on-call or standby time, California labor law considers whether the on-call time or standby is spent primarily for the benefit of the employer as opposed to the employee. CA DLSE Enforcement Policies and Interpretations Manual 46.1.2(fn 4), 46.2 The fact that the employees may not perform any actual work other than waiting does not by itself permit an employer to exclude the waiting time from its hours worked calculation. Section 226.7 of the Labor Code requires employers to pay an additional one hour of pay at the employee’s “regular rate of compensation” for each workday that the meal or rest or recovery period is not provided (known as a “premium” payment).Ĭalifornia minimum wage laws require employers to count waiting time as hours worked for minimum wage and overtime purposes if the employees are restricted and unable to effectively use the time to engage in personal pursuits. CA Labor Code, Section 500(b) California “Regular Rate of Pay” The workweek may begin on any day of the week. The typical workweek schedule begins each Sunday and ends the following Saturday, however, this need not be the case. For example, hours worked may occur on the employer’s premises, at a designated worksite, or at other locations such as at home.Ĭalifornia minimum wage laws define a workweek as any seven consecutive 24-hour periods (168 consecutive hours) that begin with the same calendar day each week. IWC Orders 1-16: Section 2(G) CA Division of Labor Standards Enforcement Policies and Interpretation Manual 46.1.Īn employer must count all hours worked no matter where the work is performed. Hours worked, as defined by the Industrial Welfare Commission, includes all time an employee is subject to the employer’s control and all time the employee is suffered or permitted to work, regardless of whether the employee is required to work or not. California minimum wage laws require employers to pay non-exempt employees for all hours worked.
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