On-Call vs. Standby

For many employees – especially those in healthcare, emergency services, tech support, and utilities -the line between “off the clock” and “on-call” isn’t always clear. Being available to jump into action at a moment’s notice can be part of the job; but does it mean the employee is working? And more importantly, does it mean they must be paid for that time?

Whether on-call or standby time counts as compensable work can affect how employers schedule staff, how employees manage their personal lives, and how both sides stay compliant with complex wage and hour laws.

Under federal and state labor laws, the difference between “on-call” and “standby” can mean the difference between unpaid on-call time and full hourly wages. And while the rules start with the federal Fair Labor Standards Act (FLSA), some states go even further to protect workers’ time and compensation.

On-Call and Standby Work Definitions

What Does On-Call Mean?

Being “on-call” generally means an on-call status employee must be ready and available to report to work immediately if called in. Employers use on-call arrangements in industries where emergencies or unpredictable demands arise, like medical facilities, IT departments, fire stations, or maintenance operations.

But on-call work isn’t just about being reachable. What matters legally is how restricted the employee’s time is.

Typically, on-call employees must:

• Stay within a certain distance from the worksite
• Refrain from activities like drinking alcohol
• Keep their phone or radio on during time spent on-call
• Respond within a set timeframe, sometimes just minutes
• Get employer permission before leaving a designated area

Even if they’re not actively working, their personal freedom is significantly controlled by their employer.

From a legal perspective, this level of restriction often means on-call time is considered hours worked, and is therefore compensable.

For instance: a hospital nurse who must stay within ten minutes of the hospital and respond immediately to any call is not truly free during that time. Even if she’s at home watching TV, the law may see her as effectively “working.”

What Does Standby Mean?

By contrast, “standby duty” generally involves less restriction and more personal freedom.

An employee on standby might still need to be reachable and willing to respond, but:

• They can generally move about freely to conduct personal business
• They might have a longer response window (e.g., 30 minutes to an hour)
• They can engage in personal activities without significant interruption
• The employer doesn’t dictate exactly where they must be

For example: a field technician might be on standby over the weekend to answer calls if a client’s system fails, but they’re free to run errands, go out to dinner, or relax at home.

Because standby employees retain control over their personal time, that time is often unpaid, unless and until they are actually called in.

Distinctions: Control, Freedom, and Compensation

The legal distinction between on-call and standby status boils down to control: how much the employer controls the employee’s time and activities when they’re not performing active duties.

Courts and labor agencies apply a common-sense test:

Is the employee’s time their own, or is it primarily for the employer’s benefit?

If the employee is so restricted that they can’t reasonably use the time for personal purposes, that time likely counts as “work” and must be paid.

Key differences include:

The same role can be treated differently in different contexts. A firefighter sleeping at the station while on call is likely being paid. A network engineer who takes a company phone home but isn’t called all weekend probably isn’t.

In practice, the law looks at what actually happens, not just the title.

Legal and Compensation Differences

When Employers Must Pay for On-Call Time

The Fair Labor Standards Act (FLSA) which is the federal law governing minimum wage and overtime, requires employers to pay for all hours an employee is “suffered or permitted to work.” That includes waiting time if it’s predominantly for the employer’s benefit.

Under the FLSA, the key question is whether the employee can use the time “effectively for their own purposes.” If not, it counts as work time.

For example:

• A paramedic required to stay within a few minutes of the station and respond instantly would likely be owed pay for the entire on-call period.
• A software engineer who must merely answer a call within an hour, but can otherwise spend time freely, would not.

State Laws That Go Further

Some states have wage and hour rules that interpret on-call pay more broadly than the FLSA, which favors workers.

• California:
  The California Labor Code and Industrial Welfare Commission (IWC) Wage Orders consider on-call time “hours worked” if the employee is “subject to the control of an employer.” California courts have held that even requiring employees to stay close by, keep pagers on, or check in frequently can make that time compensable.
  • Case example: In Mendiola v. CPS Security Solutions, Inc. (2015), security guards required to remain on-site overnight were found entitled to pay for all on-call hours, even when sleeping.
• New York:
  The New York Department of Labor generally follows the FLSA’s standard but recognizes that certain employer restrictions can make on-call time compensable, especially when employees must remain at or near the worksite.
• Washington:
  The Washington State Department of Labor & Industries (L&I) also follows a control-based test. If the employer’s conditions interfere with the employee’s ability to use the time for personal reasons, it’s paid time. Washington courts have ruled that “restrictive on-call conditions” can convert waiting time into compensable hours worked.

Standby Pay Rules

Standby pay (sometimes called “availability pay”) may or may not be required depending on how restricted the employee’s time is.

If an employee on standby can freely use the time for personal activities, they are usually not entitled to pay until they’re actually called in.

However, if restrictions become too tight, such as needing to remain within a small geographic area, or being interrupted repeatedly, courts may treat standby as on-call time and require pay.

Worker Examples

Example 1: The Hospital Technician (California)
A hospital technician is required to remain within 10 minutes of the hospital, refrain from alcohol, and respond to any call immediately. Even if she’s not called in, her movements and activities are tightly restricted. Under California law, this is likely on-call time and must be paid.

Example 2: The IT Specialist (New York)
A New York IT worker takes home a company phone over the weekend and must answer within an hour if a system goes down. He can travel, attend social events, and rarely gets calls. This is standby, and unless he’s actively responding to a call, it’s unpaid.

Example 3: The Utility Worker (Washington)
A public utility worker must carry a radio during snow season, stay within 15 minutes of the depot, and check in every two hours. Even if not called in, those conditions may make the standby time compensable under Washington’s “control” test.

Worker Rights and Employer Obligations

Because the difference between on-call and standby can hinge on nuanced details. Misunderstandings and misclassifications are common. Workers could discover too late that hours they believed were “voluntary” waiting time actually should have been paid work hours under state law.

How to Recognize Misclassification

Employers sometimes label time as “standby” or “off-duty,” when they are not.

Red flags that standby might actually be on-call work:

1. Geographic limits: An employee is told to remain within a certain distance from the workplace.
2. Response pressure: An employee must respond within minutes, not hours.
3. Activity bans: An employee can’t drink, travel, or engage in personal plans.
4. Frequent interruptions: An employee contacted often enough that your time can’t be freely used.
5. No option to refuse calls: An employee effectively required to be available at all times.

An employer who doesn’t pay for proper time may be violating wage laws.

For instance, under California’s IWC Wage Order 4, even if an employee is allowed to remain at home while on call, the employer must pay if the restrictions “substantially interfere with personal pursuits.”

Steps Workers Can Take

If a worker suspects they’re being misclassified or underpaid for on-call time, they can protect their rights:

1. Document Everything.
   Keep notes on schedules, instructions, and restrictions during standby or on-call shifts. Record call times, response deadlines, and whether you were paid.
2. Save Communications.
   Preserve texts, emails, or policies showing employer expectations. If an email says “must remain within 10 minutes of the site,” that’s strong evidence of control.
3. Ask HR or Management for Clarification.
   Request the written company policy on on-call or standby pay. Sometimes employers are unaware that their restrictions create a legal obligation to pay.
4. Consult with an Employment Attorney.
   The attorneys at Lawyers for Justice, P.C. can evaluate whether the on-call restrictions meet the legal test for compensable time and help file a claim for unpaid wages or overtime.

For Employers: Getting It Right

Misclassifying on-call hours can lead to costly wage violations, class actions, and penalties. Employers should:

• Provide written on-call and standby policies;
• Pay for time when restrictions are significant;
• Track calls, response times, and compensation;
• Train managers on compliance under federal and state law.

Employers must remember that state rules often exceed federal requirements, especially regarding how much control converts waiting time into work time.

The difference between “on call” and “standby” might sound semantic, but for employees, it determines whether hours are paid or unpaid—and whether personal time truly belongs to them.

Call Lawyers for Justice, P.C. for a free consultation if there is confusion about proper pay. Call (818) JUSTICE.