On Call Time--Compensable Hours Worked?
Posted by Brent M. Giddens
Last week, a California Court of Appeal issued its decision in Isner v. Falkenberg, a case addressing whether and to what extent time spent by employees living on the employer's property was compensable hours worked. The Isners were required, along with other resident employees, to remain within earshot of the Company's emergency alarm system during off duty hours. Although the case is limited to the relatively rare instance of resident employees, it does underscore the general rule regarding whether "on call" time constitutes compensable "hours worked." As often described, if employees are "engaged to wait," meaning their personal freedom to pursue private interests is substantially restricted, then such time is considered hours worked. Conversely, if employees are "waiting to be engaged," meaning they can go about their usual business without substantial restriction, such time is not hours worked despite the potential obligation to be prepared to work. The Isner court found that since the employees were permitted to engage in personal interests and activities without material limitation, such time spent "within earshot" of the employer's emergency alarm system was not "hours worked."
Employers would be well advised to carefully review any "on call" requirements for non-exempt employees to ensure such time is being properly treated from an hours worked perspective.