On-Call Scheduling

What Is On-Call Scheduling?

On-call scheduling is a workforce scheduling practice where employees are designated to be available for work during specified times without being guaranteed actual work hours. These employees must remain ready to report if called, often with restrictions on their location, activities, or alcohol consumption. The practice goes by various names: standby scheduling, just-in-case shifts, availability shifts, or call-in shifts.

In California, on-call scheduling intersects with multiple labor laws, including on-call pay requirements, predictive scheduling ordinances, and reporting time pay rules. How these laws apply depends on the level of control employers exercise over on-call employees and whether they actually work.

Types of On-Call Scheduling

Traditional On-Call

The employee is designated to respond to unplanned needs:

Characteristic	Description
Notice	May be called anytime during on-call period
Work likelihood	Called only when specific need arises
Duration	May be on-call for entire shift or extended periods
Common in	Healthcare, utilities, IT, property management

Standby Scheduling

The employee must remain immediately available:

Characteristic	Description
Location	Often required on or near premises
Response time	Minutes, not hours
Compensation	Usually paid due to restrictions
Common in	Emergency services, 24/7 operations

Just-in-Case Shifts

The employee is scheduled for a potential shift based on anticipated demand:

Characteristic	Description
Notice	Told day of shift whether to report
Work likelihood	Based on business volume
Purpose	Staffing buffer for uncertain demand
Common in	Retail, restaurants, hospitality

Call-In Scheduling

The employee must contact employer before shift to learn if needed:

Characteristic	Description
Notice	Employee calls in 1-2 hours before
Work likelihood	Depends on other staffing, volume
Impact	Employee cannot plan day until call-in
Common in	Retail, food service

California Legal Framework

When On-Call Time Must Be Paid

Under California law, on-call time is compensable when the employer exercises significant control over the employee. Courts apply a "control test" examining:

Factors indicating compensable on-call time:

Factor	Control Level
Geographic restrictions	Must stay home or very close
Response time	Must respond within minutes
Call frequency	Called frequently during period
Activity restrictions	Cannot consume alcohol, must stay ready
Ability to trade	Cannot swap on-call with others
Consequences	Discipline for missing calls

Key California case: Mendiola v. CPS Security (2015)

The California Supreme Court ruled that on-call time can be compensable even when employees are not required to stay on the employer's premises. The decision emphasized that employer control is the primary factor.

Predictive Scheduling and On-Call

In California cities with fair workweek ordinances, on-call scheduling faces additional restrictions:

San Francisco:

Cannot require employees to be available without guarantee of work
On-call that results in no work still requires partial pay
Must provide good faith estimate of hours at hire

Los Angeles:

On-call shifts must be included in posted schedule
Cancellation of on-call shift triggers predictability pay
Employees can decline on-call without retaliation

Emeryville:

On-call shifts count toward scheduling requirements
Compensation required if on-call and not called in
Good faith estimate must disclose on-call expectations

Reporting Time Pay Rules

When on-call employees report for work or are cancelled last minute, California's reporting time pay rules may apply:

IWC Wage Order requirements:

Situation	Reporting Time Pay
Reports to work, sent home early	Half scheduled hours (min 2, max 4 hours)
On-call, called in, sent home early	Half scheduled hours
Scheduled, cancelled before reporting	May depend on jurisdiction

On-Call Scheduling Under Local Ordinances

San Francisco Requirements

Covered employers:

Formula retail with 40+ locations worldwide
20+ San Francisco employees

On-call provisions:

Requirement	Details
Payment for on-call	2-4 hours pay if on-call and not called in
Schedule posting	On-call shifts must be posted with regular schedule
Response time	Cannot require unreasonable response windows
Consent	Employee can decline without retaliation

Los Angeles Requirements

Covered employers:

Retail businesses with 300+ employees globally

On-call provisions:

Requirement	Details
Predictability pay	Premium pay for schedule changes
On-call cancellation	Must compensate if shift cancelled
Notice requirements	On-call shifts subject to 14-day notice
Documentation	Must record all on-call designations

Emeryville Requirements

Covered employers:

Retail and fast food with 56+ employees worldwide
20+ Emeryville employees

On-call provisions:

Requirement	Details
Good faith estimate	Must disclose on-call requirements at hire
Schedule posting	Include on-call in 14-day advance schedule
Premium pay	Compensation if on-call not called in
Employee rights	Can decline on-call without penalty

Calculating On-Call Compensation

When On-Call Time Is Hours Worked

If on-call time is compensable under the control test:

Example: Highly restricted on-call

On-call period: 8 hours
Must remain within 15 minutes of workplace
Cannot consume alcohol
Called back twice during period
Result: All 8 hours are compensable at regular rate

When On-Call Is Not Hours Worked But Requires Premium

Under local ordinances, even non-compensable on-call may require payment:

Example: San Francisco on-call, not called in

Scheduled on-call: 4:00 PM - 10:00 PM
Not called in to work
SF premium: 2-4 hours of pay
Result: Employer owes 2-4 hours at regular rate

On-Call Stipends and Overtime

If paying a flat on-call stipend, it must be included in regular rate of pay calculations:

Example calculation:

Employee hourly rate: $20
Weekly hours worked: 45
On-call stipend: $100/week
Base wages: 45 x $20 = $900
Total regular compensation: $1,000
Regular rate: $1,000 / 45 = $22.22
Overtime premium: 5 hours x $11.11 = $55.55
Total weekly pay: $1,055.55

Best Practices for Employers

Evaluating On-Call Practices

Questions to assess your on-call arrangements:

How restrictive are geographic requirements?
What is the expected response time?
How often are on-call employees actually called?
Are there activity restrictions during on-call?
What are consequences for missing a call?
Can employees trade on-call assignments?

If answers indicate high control: On-call time is likely compensable as hours worked.

Structuring Compliant On-Call Programs

For traditional on-call (compensable):

Pay on-call time at regular rate or agreed standby rate
Count toward overtime calculations
Track all on-call hours accurately
Ensure minimum wage compliance

For on-call with low restrictions:

Pay reasonable stipend (include in regular rate)
Time worked when called is always compensable
Consider reporting time pay obligations
Document the low-restriction nature

In Cities with Predictive Scheduling

Compliant on-call scheduling:

Include on-call shifts in posted schedule
Identify them clearly as on-call
Pay premium if employee not called in
Allow employees to decline on-call
Document all scheduling decisions

Alternatives to On-Call

Alternative	How It Works
Flex workers	Employees who prefer short-notice shifts
Part-time float pool	Staff available for extra hours
Overtime volunteers	First offer extra hours to regulars
Agency staff	Temporary workers for surge needs
Cross-training	Redeploy existing staff as needed

Employee Rights and Protections

Right to Decline On-Call

In cities with fair workweek laws:

Employees may decline on-call assignments
Cannot be retaliated against for declining
Must be offered on-call voluntarily
Continued refusal alone cannot be basis for termination

Right to Know

Employees have rights to:

Good faith estimate of on-call expectations at hire
Written on-call policies
Clear compensation structure
Notice of on-call assignments per schedule requirements

Right to Compensation

Depending on circumstances:

Situation	Compensation Right
Highly controlled on-call	Full hourly pay for on-call time
Called in to work	Full pay for all time worked
On-call, not called in (covered cities)	Premium pay (2-4 hours)
Called in, sent home early	Reporting time pay