Do on-call employees have to be paid for the time spent waiting to work?
The FLSA requires waiting time to be paid only if the employees must remain on or so close to the employer’s premises, or are otherwise restricted, that they cannot use the time effectively for their own purposes. For example, if the employees only have to leave word about where they may be reached, they generally are not considered to be working while on-call since the time can be used for their own purposes. BACK TO TOP In determining whether an employee must be paid for time spent on-call, courts look at how much control the employer has over the employee and whether the employee can effectively use the on-call time for personal purposes. The Ninth Circuit Court of Appeals, in Owens v. Local 169, 971 F.2d 347, amended by 30 WH Cases 1728 (9th Cir.
