On-Call and Standby Time in Nevada: Should You Be Getting Paid?
By Milan Chatterjee | Founding Attorney, Milan Legal
Many employees are expected to remain available after their scheduled shift ends. Healthcare professionals, maintenance workers, IT specialists, emergency personnel, security employees, and utility workers are just a few examples of occupations that frequently involve on-call or standby responsibilities.
Although employees may not be actively performing work during these periods, questions often arise regarding whether the time should be compensated.
The answer is not always straightforward.
Whether on-call or standby time must be paid depends on the specific circumstances of the arrangement, the degree of restrictions placed on the employee, and the applicable federal and Nevada wage and hour laws.
Understanding these rules can help both employees and employers better manage workplace expectations and reduce the risk of wage disputes.
Key Takeaways
- On-call and standby time is not automatically compensable under Nevada or federal law.
- Whether an employee must be paid often depends on how much control the employer exercises over the employee during the on-call period.
- Waiting time, travel restrictions, response requirements, and work-related interruptions may affect whether compensation is required.
- Employees and employers should understand how wage and hour laws apply to on-call arrangements.
What Is On-Call Time?
On-call time generally refers to periods when an employee is not actively working but must remain available to perform work if requested by the employer.
Examples include:
- Carrying a company phone
- Being available to respond to emergencies
- Waiting for work assignments
- Remaining available outside normal business hours
- Responding to customer service issues
- Being available for technical support
Some on-call arrangements require employees to remain at a specific location, while others allow employees to continue with many personal activities until they receive a work request.
What Is Standby Time?
Standby time is similar to on-call time but may involve greater restrictions on the employee’s freedom.
Examples include:
- Remaining at the workplace
- Staying within a designated geographic area
- Reporting to work within a very short time
- Waiting for assignments during a scheduled shift
- Remaining at a company facility between work assignments
The level of employer control during standby time often becomes an important factor when determining whether compensation may be required.
Does Every Minute On-Call Have To Be Paid?
Not necessarily.
Simply being available to work does not automatically mean that every hour of on-call time is compensable.
Instead, wage and hour laws generally evaluate whether the employee is effectively free to use the time for personal purposes or whether the employer’s restrictions are so significant that the employee is primarily engaged for the employer’s benefit.
Each situation depends on its specific facts.
Factors That May Affect Whether On-Call Time Is Paid
Several factors may influence whether on-call or standby time is considered compensable.
These may include:
- Whether the employee must remain at the workplace
- How quickly the employee must respond
- Geographic travel restrictions
- Frequency of work calls
- Whether personal activities are substantially limited
- Ability to trade on-call shifts
- Use of employer-provided equipment
- Duration of the on-call period
- Whether interruptions occur frequently
No single factor determines whether compensation is required.
Instead, the overall working relationship and level of employer control are evaluated.
Questions About On-Call Pay?
Waiting Time While On Duty
Employees sometimes experience periods where they are waiting for work rather than actively performing tasks.
Examples include:
- Waiting for equipment repairs
- Waiting for customer assignments
- Waiting between service calls
- Waiting during scheduled shifts
- Remaining available after reporting to work
Whether waiting time must be compensated depends on the circumstances and whether the employee is considered engaged to wait or waiting to be engaged.
This distinction can be an important issue under federal wage and hour laws.
Employer Policies Matter
Many employers establish written policies governing:
- On-call scheduling
- Standby assignments
- Response times
- Compensation practices
- Overtime eligibility
- Call-back procedures
- Timekeeping requirements
Clear workplace policies help employees understand expectations while assisting employers in maintaining consistent payroll practices.
Call-Back Time and Compensation
Employees who are called back to work after leaving the workplace often wonder whether they should be paid only for the time spent working or for additional travel and waiting time as well.
The answer depends on the circumstances, applicable wage and hour laws, and the employer’s compensation policies.
Factors that may affect compensation include:
- Whether the employee actually performed work
- The amount of time worked
- Whether overtime applies
- Employer policies regarding minimum call-back pay
- Applicable federal and Nevada wage laws
Employers should establish clear call-back procedures so employees understand how their time will be recorded and compensated.
On-Call Time and Overtime
Compensable on-call or standby hours may also affect overtime calculations.
If on-call hours qualify as hours worked, they may count toward the employee’s total hours worked during the applicable workweek.
For employees who are entitled to overtime under applicable wage and hour laws, properly recording compensable on-call time can be important when calculating overtime pay.
Employers should carefully evaluate:
- Total hours worked
- Timekeeping records
- Payroll calculations
- On-call assignments
- Overtime eligibility
- Applicable exemptions
Accurate payroll practices help reduce the risk of wage disputes and compliance issues.
Unsure Whether Your On-Call Hours Should Be Paid?
Common Wage Disputes Involving On-Call Employees
Disagreements regarding on-call compensation frequently arise because each workplace operates differently.
Examples of disputes may involve:
- Unpaid standby time
- Unpaid waiting time
- Incorrect overtime calculations
- Failure to record on-call work
- Responding to work calls from home
- Remote troubleshooting outside scheduled hours
- Travel between emergency job sites
- Mandatory response requirements
- Time spent logging into employer computer systems
Each situation should be evaluated based on the specific facts, employer policies, and applicable wage laws.
Best Practices for Employers
Employers can reduce uncertainty by implementing clear policies regarding on-call and standby work.
Best practices include:
- Creating written on-call policies
- Clearly explaining response expectations
- Defining when employees are considered working
- Maintaining accurate timekeeping procedures
- Training supervisors on wage and hour compliance
- Reviewing payroll practices regularly
- Applying compensation policies consistently
- Periodically reviewing compliance with federal and Nevada employment laws
Well-documented policies help employers promote consistency while providing employees with a better understanding of workplace expectations.
Why Legal Guidance Can Be Important
Questions regarding on-call compensation often require a detailed analysis of the employee’s work responsibilities and the degree of employer control during the on-call period.
An employment attorney can review:
- On-call policies
- Time records
- Payroll records
- Response requirements
- Employer restrictions
- Overtime calculations
- Employment agreements
- Applicable wage and hour laws
A legal review may help determine whether on-call or standby time should be treated as compensable work time under the applicable legal standards.
Frequently Asked Questions
Not always. Whether on-call time must be paid depends on factors such as the restrictions placed on the employee, the employer’s level of control, and the applicable wage and hour laws.
On-call time generally allows employees to remain available while engaging in personal activities, whereas standby time often involves greater restrictions, such as remaining at a specific location or responding within a very short period.
If on-call hours qualify as compensable work time under the applicable laws, they may count toward the total hours worked when calculating overtime eligibility.
Possibly. Whether waiting time is compensable depends on the circumstances, including whether the employee is considered engaged to wait or waiting to be engaged.
If you believe you were not properly compensated for on-call, standby, or waiting time, an employment attorney can review your work schedule, employer policies, and payroll records to help determine your legal rights.
About Milan Chatterjee
This article was prepared by Milan Chatterjee, a Nevada and California licensed attorney and founder of Best Employment Attorney, the dedicated employment law practice of Milan Legal.
Milan represents employees and employers throughout Las Vegas, Reno, and across Nevada in workplace disputes involving wage and hour violations, unpaid wages, overtime claims, employee classification, payroll compliance, employment agreements, and compliance with Nevada Revised Statutes Chapter 608 and the Fair Labor Standards Act (FLSA).
He earned his Juris Doctor from UCLA School of Law and also studied at New York University School of Law as a visiting student. Before entering private practice, Milan served as Associate Compliance Counsel at Las Vegas Sands Corporation, where he advised on wage and hour compliance, payroll practices, workplace policies, employment investigations, and enterprise risk management.
Today, Milan combines that corporate legal experience with a focused employment law practice, helping employees recover unpaid compensation while advising employers on compliance with Nevada and federal wage laws.
Questions About On-Call or Standby Pay?
If you believe you should have been paid for on-call or standby time, or you are an employer seeking guidance on compliant compensation practices, schedule a confidential consultation to discuss your situation and better understand your legal rights and responsibilities.
Protect Your Right to Fair Compensation
Conclusion
On-call and standby assignments are common in many industries, but they do not always result in compensable work time. Whether an employee should be paid depends on the specific circumstances, including the degree of employer control, the restrictions placed on the employee’s personal time, and the applicable federal and Nevada wage and hour laws.
Both employees and employers benefit from understanding these rules. Clear workplace policies, accurate timekeeping, and proper payroll practices can help reduce misunderstandings and minimize the risk of wage disputes.
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