Being “on-call” means that you will be available to work if your employer contacts you. This can significantly limit what you are able to do during these hours — and you might be wondering if an employer is required to pay employees for on-call time. Whether your employer is required to pay you for being on call depends upon the specific circumstances of your situation and how limited you are in participating in your personal activities while on call.

What is On-Call Work?

Many types of unpredictable businesses use on-call shifts. Those who have on-call jobs can include nurses, doctors, retail workers, firefighters, EMTs, IT professionals, maintenance technicians, and many others. Being “on-call” typically means being available to work when needed for a specific period of time, without adhering to a regular schedule. On-call employees must typically be reachable by phone or other means of communication — and respond within a certain amount of time.

When is an Employer Required to Pay Employees for On-Call Time?

The federal Fair Labor Standards Act (FLSA) and Ohio wage and hour laws govern the question of whether an employer is required to pay employees for on-call time. Specifically, an employer must pay their employees for all time that is spent actually performing work. If you are not paid for compensable work that you performed, you may be entitled to file a wage and hour claim against your employer.

What Factors Does a Court Consider When Determining Whether an Employer Must Pay Employees for On-Call Time?

Whether you are paid for on-call time depends upon the extent to which you are able to use that time for your own activities. Being required to remain on your employer’s property can significantly limit your ability to carry out personal activities — and in these cases, you may be eligible to be paid for your time spent on-call. But if you are not required to stay in the workplace and your employer simply needs to be able to reach you in order to call you into work, you might not be entitled to be compensated for the on-call time.

Courts look at the following factors to determine whether an employer must pay employees for on-call time:

• The number of calls made to the employee
• Any geographical restrictions placed on the employee’s movement
• Time limits placed on the employee to respond
• Disciplinary action taken against the employee for an untimely or missed response
• The ability of an on-call employee to ask another to cover their shift
• The actual pursuit and engagement of the employee’s personal activities while on-call
• The extent the employer benefitted from the on-call time

The facts of every situation are unique, and no single factor determines whether on-call time may be compensated. A court will review all the circumstances in a particular situation in evaluating a case involving an employer’s failure to compensate for time spent on-call. If an employer is required to pay you for on-call time and fails to do so, you may be entitled to file an unpaid wage claim against them.

Is an Employer Required to Compensate Employees for Time Spent Waiting?

Just as an employer may be required to pay employees for on-call time, they may also need to pay employees for “time spent waiting,” depending on the circumstances. Unlike being on-call, where an employee is not in the workplace but is available to work, time spent waiting refers to being idle while at work. However, there is a difference between being “engaged to wait” and waiting while off duty.

If an employee is required to be present at work and is waiting for an assignment, they must be paid for the time they are there — even if there is no task. Common examples of being “engaged to wait” can include a receptionist who does crossword puzzles while waiting for the phone to ring or a waiter who waits for diners to arrive at a restaurant. Importantly, being “engaged to wait” is in contrast with “waiting to be engaged.” If an employee is relieved from duty and can leave the workplace while waiting for an active task or can use the time for personal activities, the employer does not need to compensate for the time.

Contact an Experienced Ohio Employment Law Attorney

If you are an on-call employee who was wrongfully denied your rightful wages, it’s essential to have a skillful employment law attorney by your side who can advise you regarding your legal rights and recourse. Located in Westlake and offering reliable representation to clients throughout Ohio, Lalak LLC is committed to fighting for the rights of employees who have been denied their fair pay. Contact Lalak LLC today to schedule a free, confidential, no-obligation consultation and learn how we can help you recover the compensation to which you’re entitled.