On-Call Time... To pay or not to pay, that is the question!

The key question for determining if an employee must be compensated for waiting time and/or "on-call" time is whether or not the time in question can be used effectively for the employee's personal purposes (which depends on the facts of each individual case). On-call time must be counted as hours worked when the employee is required to remain on the employer's premises or when the time is so restricted that the employee cannot use it effectively. For example, beepers and cellular phones. The time an employee is required to wear a beeper or have access to a cellular phone does not ordinarily qualify as hours worked. If under the particular circumstances the employee is not free to effectively use such time for his or her own personal purposes (such as in the case of repetitive beeping or calling), the time should be counted as hours worked.


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