Whether or not to pay employees for on-call time comes down to one question: How many restrictions are you putting on the employees’ personal time? The EEOC says on-call time becomes compensable under the FLSA “when the on-call conditions are so restrictive or the calls to duty so frequent that the employee cannot effectively use on-call time for personal purposes.”
When to pay for ‘on call’ hours? Ignorance of law isn’t an excuse
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