Standby Pay

Standby Pay Employment Law

Standby Pay Law:

Standby pay is additional pay given to employees when they are required to be available for work upon immediate notice. In other words, the employees are required to be on-call, or on standby, and are compensated for their standby time. Under California law, employers must pay employees their full hourly rate for all time that they are asked to be on standby to work, even if they do not actually need to work.

If the employee is required to wait and be on-call for work at the physical place of employment, they are entitled to receive standby pay. If the waiting or on-call time is done outside of the workplace (at home, for example), standby pay is only given if:

  • There are extreme restrictions placed on the employee's movements (where and when they can or cannot go due to being on standby)
  • There are an excessive amount of phone calls that the employee must answer
  • There is a strict response time that the employee must abide by if called in to work
  • The employee cannot easily get another employee to cover the standby responsibilities
  • The employee cannot, and does not, engage in many personal activities during the standby time

Standby Pay Legal Issues:

If the above conditions all apply to an employee's on-call time and the employer does not pay him or her standby pay, it may be possible to file a wage and hour lawsuit against the employer. The employer would be required to pay the employee the lost wages for any on-call time that was not compensated for with standby pay.

What a Labor Law Lawyer can do for you:

If you are rightfully owed standby pay from your employer, an employment attorney may be able to help you open a lawsuit for lost wages. If you are one of many co-workers entitled to unpaid standby pay an employment lawyer may help you create a class action lawsuit to collect that compensation. An experienced employment attorney will know the ins and outs of California's standby pay laws and can help you prove your case if you were not paid for on-call time and legally should have been. A labor lawyer will make this process easier and smoother for you, ensuring you have the best chance of receiving all back pay that you rightfully deserve.

Lawyer Referral Service:

If your employer has wrongfully and illegally withheld your standby pay, contact us today. Attorney Search Network can help you find an employment lawyer that can assist you with recovering the compensation you are entitled to.

If you have any questions about the employment law information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out our online form for your Employment Law lawyer referral.


If you have any questions about the information provided above, please contact Attorney Search Network.

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