Payroll
What is On-Call Time?
On-call time is a period when an employee is available to work if contacted. Under the FLSA, whether this time is paid depends on how restricted the employee is; if they cannot use the time effectively for their own purposes, it must be paid.
Restricted vs. Unrestricted
- 1Unrestricted (Unpaid): Employee carries a pager/phone but can go shopping, stay home, etc.
- 2Restricted (Paid): Employee must stay on premises or respond within a very short window (e.g., 5 mins).
Gray Areas
On-call disputes are common in healthcare and IT. The key legal test is 'Waiting to be engaged' (unpaid) vs. 'Engaged to wait' (paid).
Tracking On-Call Hours
ClockIt allows employees to use specific status codes for 'On-Call', separating these hours from regular work time for accurate payroll processing.
Get Started with ClockItFrequently Asked Questions
- Do I have to pay overtime for on-call work?
- If the on-call time is considered 'hours worked' (restricted) and pushes the weekly total over 40, yes, overtime applies.
- What is a reasonable response time for unpaid on-call?
- Courts often view response times longer than 15-20 minutes as allowing enough freedom for the time to be unpaid, though this varies by case.
- Can I drink alcohol while on call?
- Company policies typically prohibit alcohol consumption while on call, and if the restriction is severe enough, it might be an argument for the time being compensable.
Related Terms
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