Can an employer force you to be on call?
Asked by: Cindy Nitzsche | Last update: February 7, 2026Score: 4.5/5 (67 votes)
Yes, an employer can often require on-call availability, especially if it's part of your job description or contract, but federal and state laws (like in California) dictate when that time must be paid and how much freedom you have; if you're restricted in your personal activities (like staying on-site or having tight response times), it's likely compensable work time, whereas remote on-call with freedom to do personal things usually isn't paid until you start working, though policies vary, so check your contract and local laws.
Can I refuse to work on call?
The employer is legally permitted to require employees to be on call. If you do not wish to comply, your only option is to resign from the position. Refusing ``on call'' duties, overtime, or specific shifts is not a legally protected right.
Can I be forced to work on call?
Employers must specify whether being on call is a requirement within the contract. If the contract includes clauses that mandate being on call, employees are typically obliged to comply. However, if no such clauses exist, employees may argue against the requirement.
Can you decline an on call shift?
In the simplest terms, if you were not scheduled to go to work, then you have no obligation to accept your boss's request, especially if it is on short notice. For example, if you get a call an hour before the shift is meant to begin, it is not reasonable that you would be expected to show up for it.
What are two examples of unfair treatment in the workplace?
Two examples of unfair treatment in the workplace are unequal pay for equal work, where someone earns less than colleagues for the same job (often due to gender, race, etc.), and discriminatory denial of opportunities, like being passed over for training, promotions, or desirable assignments because of age, disability, or other protected characteristics, says Lawyers for Justice, P.C., Carey & Associates P.C., and Morgan & Morgan Lawyers.
Does an employer have to pay someone for being on call?
What are HR trigger words?
HR trigger words are terms that alert Human Resources to potential policy violations, serious workplace issues like harassment, discrimination, bullying, retaliation, or a hostile work environment, and significant risks like lawsuits, high turnover, or burnout, prompting investigation or intervention, while other buzzwords like "quiet quitting" signal cultural trends. Using them signals a serious concern requiring HR's immediate attention for compliance and employee safety, though overly negative or absolute language can also be flagged.
How to prove unfair treatment at work?
To prove unfair treatment at work, you must meticulously document every incident (dates, times, people, details), gather evidence like emails, texts, performance reviews, and witness statements, review and compare company policies, and consider filing complaints with HR or the EEOC, noting that comparator evidence (how others were treated) is key, often requiring legal counsel to build a strong case.
Can I be forced to do on call?
In many instances, employers do not have the right to force you to be on call. Furthermore, if an employee is presented with on-call as an option, they have the right to refuse this offer if they'd like. Being on call is defined as being readily available to work when an employer contacts the employee.
What is the federal law on being on call?
Federal on-call laws, primarily under the Fair Labor Standards Act (FLSA), require employers to pay non-exempt employees for on-call time if restrictions prevent them from using that time for personal activities, meaning they are "engaged to wait" rather than "waiting to be engaged". Key factors are whether the employee must stay on the employer's premises (compensable) or if they can be reached at home with freedom to do personal things (often not compensable), with payment (including overtime) required if they are called in or too restricted, as determined case-by-case.
What are the rules of being on call?
On-call rules dictate when employees must be paid for being available to work, focusing on the degree of restriction an employer places on their time; if an employee's freedom is significantly limited (e.g., having to stay on-site or respond within minutes), that time is often compensable as "engaged to wait," while minimal restrictions ("waiting to engage") usually only require pay when actually called in, with specific compensation (like flat stipends, hourly rates, or call-back minimums) varying by company policy and local laws like the FLSA.
Is on-call work always mandatory?
It depends on your contract. In general, employers can require on-call availability if it's part of your role, as long as it complies with labor laws.
Can I be fired for refusing to work on my day off?
Yes, in most U.S. states, under at-will employment, an employer can generally fire you for refusing to work on a scheduled day off, as long as the reason isn't discriminatory or retaliatory, but exceptions exist for religious beliefs (ADA), disabilities, or union contracts, and some states have specific rules or requirements for mandatory overtime.
Can I opt out of on call?
The Timing of Being 'On Call'
If the average is more than 48 hours a week this would be an offence under the WTR unless you have agreed in writing to opt out of the 48-hour maximum.
Do I have to be paid if I'm on call?
Non-exempt employees who are on-call receive their regular pay rate unless they work or wait to work more than 40 hours a week. When that happens, the Fair Labor Standards Act (FLSA) states that on-call pay should be paid at the overtime rate. See how simple small business payroll can be.
What is the #1 reason that employees get fired?
The #1 reason employees get fired is often cited as poor work performance or incompetence, encompassing failure to meet standards, low productivity, or poor quality work, but issues like misconduct, attendance problems (lateness/absenteeism), insubordination, violating company policies, and attitude problems (not being a team player, toxicity) are also primary drivers, often overlapping with performance.
What is Section 44 of the Employment Rights Act?
Under sections 44 and 100 of the Employment Rights Act 1996, employees are protected from detriment or dismissal where there exist circumstances of danger which they reasonably believe to be serious and imminent, and they leave or propose to leave, or otherwise refuse to return to their place of work (or any dangerous ...
What are the laws around being on call?
If you work on call
You only have to work on call if it's in your contract. If your employer asks you to stay at your workplace and you have to be available to work when they ask, all the time you're on call counts as working time.
Do you get paid while waiting on a call?
Engaged to Wait - the on-call employee must be paid for their on-call time regardless of whether they are working. Waiting to Be Engaged - the on-call employee shall be paid for only the time actually spent completing an assignment.
Can a company force you to use your phone to clock in?
Can I refuse to use my personal phone for work? If using a personal phone for business purposes is not a condition of your employment, you may be able to refuse use. However, California law requires that employees be reimbursed by their employers for the work related use of personal cell phones.
What is silent firing?
Quiet firing is when a manager subtly pushes an employee to quit by creating a poor work environment or neglecting their support, development, and responsibilities, making the job untenable without a direct termination. Instead of outright firing someone, employers use tactics like excluding them from meetings, withholding feedback, reducing responsibilities, or denying growth opportunities to make the employee feel unwanted and eventually resign, avoiding the costs or conflict of a formal dismissal.
What are illegal things the employer cannot do?
Illegal employer practices include discrimination (race, sex, age, disability, etc.), harassment, wage theft (unpaid overtime, minimum wage violations, illegal deductions), retaliation for whistleblowing/complaints, wrongful termination, and interfering with employee rights (like union organizing or discussing working conditions). These actions violate federal laws enforced by agencies like the EEOC and NLRB, covering hiring, firing, pay, benefits, and work environment.
Can my job force me to be on-call?
So long as your boss isn't breaking any employment laws, they can ask you to be available to work outside regular business hours.
What is the 80% rule in discrimination?
The 80% Rule, or Four-Fifths Rule, is an EEOC guideline to spot potential hiring discrimination: if a protected group (like a race, sex, or ethnic group) is selected at less than 80% the rate of the most favored group, it suggests "adverse impact," requiring the employer to justify the practice as job-related and necessary. It's a statistical tool, not definitive proof, indicating when further investigation into disparate impact is warranted in employment decisions.
Can I sue my employer for treating me differently?
If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information, you can file a Charge of Discrimination.
What is the 3 part test for discrimination?
To prove discrimination, a complainant has to prove that: they have a characteristic protected by the Human Rights Code [Code]; they experienced an adverse impact with respect to an area protected by the Code; and. the protected characteristic was a factor in the adverse impact.