California On Call Laws and Healthcare Facilities: FAQ

In California, on-call laws require employees to be compensated for time that is controlled or limited by an employer, even if that time is not spent performing job duties. Compensation is expected to be at least minimum wage, and the on-call hours count toward overtime. These laws apply to many different industries and are especially relevant in healthcare, where facilities often utilize on-call (or “standby”) staff to handle unpredictable fluctuations in patient needs.

If you’re a healthcare facility leader in California, it’s important that you understand the on-call laws so that you can keep your team in compliance. We’ll go over the essential information that may apply to your facility and nursing staff.

What Is the On-Call Law in California?

In California, employees are not only entitled to compensation for actively performing job duties, but can also get paid when they are on standby for work. State labor laws define hours worked as time when an employee is subject to the control of an employer. The control may involve restrictions on location or activities, or other limitations.

This definition is also consistent with federal law, particularly the Fair Labor Standards Act (FLSA). The FLSA definition of hours worked is based on similar principles as California’s labor laws, and hinges on the degree of limitations on the employee’s time.

California On-Call Pay Laws: Determining Hours Worked

To determine whether a nurse’s on-call time is compensable under California on-call laws, it’s important to look at a variety of factors, such as whether there is:

• Any restriction on the nurse’s movements/location.
• A high frequency of communication from the employer.
• A fixed time limit for response to the healthcare facility.
• An option for trading on-call responsibilities with another nurse.
• The possibility of engaging in personal activities during on-call periods.

In general, the more control a healthcare facility has over the nurse’s time, the more likely it is that the nurse is entitled to compensation. However, each situation is unique.

More Key Information About California On-Call Laws

The laws apply to non-exempt employees, meaning that they do not meet criteria that would exempt them from the regulations (like making an annual salary above a certain amount, or holding certain executive or administrative positions). Often, non-exempt employees are paid hourly. Many registered nurses are considered non-exempt employees.

The on-call pay rate in California may differ from regular pay, but it must be at least the highest minimum wage that can be found on a federal, state, or regional level (some cities and counties, such as Berkley, have established their own minimum wage). Certain types of healthcare workers make a higher minimum wage than the rest of the population. In addition, the hours worked count toward overtime calculations.

Examples of Earning On-Call Pay

California’s labor laws are complex, especially with regard to the healthcare industry. To help you understand how the on-call regulations are applied in real life, we’ll go over a few examples. In all of the following situations, the nursing professional faces limitations and restrictions while on standby, so the hours would likely qualify as work.

• A registered nurse is instructed by her manager that she must report for her on-call shift within 20 minutes of being notified of the need.
• An LPN is asked to be ready to return to work if the night-shift team is short staffed, so she keeps her pager on overnight and arranges for backup childcare.
• A hospice nurse is required to keep her phone on her and respond within 30 minutes to address sudden changes in an end-of-life patient.

It’s important to note that California on-call laws will be interpreted on a case-by-case basis and will depend on the specific facts of any given situation.

FAQ About California On-Call Pay Laws

There are many circumstances in the healthcare industry when it can be beneficial to have staff on-call, ready to show up to work and help out if you need them. If you’re using this staffing strategy, gaining familiarity with California on-call laws is a great step toward achieving and maintaining compliance. Here are answers to common questions about this complex topic, to help you become more familiar with the regulations. If you have questions about your specific situation, consider reaching out to an employment law attorney in your jurisdiction.

When should healthcare facilities provide on-call pay?

California labor laws and federal regulations are in place to protect employees’ rights. If healthcare facility leaders and managers impose significant restrictions on non-exempt healthcare employees, the facility may have to provide on-call pay. The restrictions could relate to geographic location or activities that the employee can or can’t engage in.

Are there situations where on-call pay doesn’t apply to nurses?

A healthcare worker may be available for extra shifts if needed, and a facility will put them on standby, or on-call. California laws and FLSA regulations may not require that the employee is paid for this time if the employee is waiting to engage rather than engaged to wait. This distinction has to do with the restrictions placed on the employee’s time.

For example, a nurse who is waiting to engage can attend to personal matters with few or minor restrictions, and may not be determined to be working. In contrast, a nurse who is engaged to wait may be asked to sleep on site, or refrain from travel or leisure activities so that she is ready to respond.

What is the on-call pay rate California healthcare providers can expect to earn?

On-call pay for nurses and other healthcare providers may not have to be the same as their regular hourly rate, but it cannot be less than the minimum wage. On-call pay rates and policies differ from one facility to the next, and often factor into nurses’ decisions about where to work. This is because the on-call compensation may constitute a significant portion of your nursing staff’s pay, especially if being on-call is a requirement.

What are the California on-call laws for salaried employees at my healthcare facility?

In the California healthcare industry, on-call compensation for salaried employees can be aligned with on-call compensation for hourly employees, as long as the salaried employee is classified as non-exempt and is subject to the state’s on-call laws.

Can you require a clinician to be on-call?

California laws may prevent healthcare facilities from forcing clinicians to sign up for on-call shifts. However, facilities can make signing up for shifts a requirement for employment, and only hire clinicians who are willing to participate in the established on-call policies.

Should our healthcare facility use an on-call schedule?

A schedule can be used if your healthcare facility requires on-call shifts. This lets nurses and other providers know who will be on-call, when, and for how long. This information helps nurses arrange their personal lives to accommodate the demands of being on-call. Rotating on-call shifts between staff members is a good way to help your staff avoid burnout and achieve a healthy work-life balance.

Get More Workforce Resources for Your Facility

Maintaining compliance with California on-call laws is critical to the success of your facility and the wellbeing of your staff. We know that navigating legal issues can be challenging, and we’re here to help you run your facility smoothly with our expert-written healthcare guides and resources.
 
 
Legal Disclaimer: This article contains general legal information, but it is not intended to constitute professional legal advice for any particular situation and should not be relied on as professional legal advice. Any references to the law may not be current, as laws regularly change through updates in legislation, regulation, and case law at the federal and state level. Nothing in this article should be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed to practice in your jurisdiction.