If I was on-call around the clock, was I supposed to be getting paid for it?

UPDATED: Sep 30, 2022

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If I was on-call around the clock, was I supposed to be getting paid for it?

I used to work at a car dealer where I had to do 24 hour roadside assistance. During the scheduled time, usually a week, we had a phone and a pager and had to respond to assistance calls at all hours of the day, sometimes during work and sometimes after work hours. When on call here we had to respond to he call within 15 mins. We were also limited to our call area which was approximately a 20-30 mile radius of the dealer. We were occasionally allowed to call the roadside vehicle off line for short periods of time. We were paid $30 per call and we also worked our normal 8-5 shifts.

Asked on February 4, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, you are not paid for "on call" time, even if there are some limitations (eg. 20 - 30 mile radius) on your movements, unless while waiting for the call, you were restricted to the employer's location or base (like firefighers in their station house); otherwise, you are only paid for the actual time spent responding to calls.

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