On-call pay depends on how free you are while you wait. Under US federal law, an employee who must stay on call at the employer's premises is working and must be paid. An employee on call at home, or who just leaves a number where they can be reached, usually isn't working, unless the restrictions are tight enough to stop them using the time as their own.
On-call work is common in healthcare, IT support, trades, security and hospitality. The question that matters for pay isn't the job title, it's whether the time counts as hours worked. Once it does, minimum wage and overtime rules apply to it.
The US rule in one table
| Situation | Hours worked under the FLSA? |
|---|---|
| Required to stay on call at the employer's premises | Yes |
| On call at home, or can leave a message where you can be reached | Usually no |
| On call with extra constraints on your freedom | May be yes |
| Engaged to wait: waiting is part of the job | Yes |
| Waiting to be engaged: free until called | No |
| Called in and working | Yes, from when work starts |
Engaged to wait versus waiting to be engaged
The Department of Labor's Fact Sheet 22 draws the line with two phrases. An employee engaged to wait is working: its examples are a secretary reading a book while waiting for dictation, or a firefighter playing checkers while waiting for an alarm. An employee waiting to be engaged is free to use the time and isn't working.
On-call time follows the same logic. On the employer's premises, it's work. At home with a phone, it usually isn't. But the Department of Labor adds that additional constraints on the employee's freedom could require the time to be paid. A response time so short you can't leave the house, frequent calls or a ban on normal activities can tip on-call time into paid time.
Sleeping on shift
Long on-call shifts raise the sleep question. If an employee is required to be on duty for less than 24 hours, they're working even if they're allowed to sleep or do personal things when it's quiet. If the shift is 24 hours or more, the employer and employee may agree to exclude bona fide regularly scheduled sleeping periods of up to 8 hours, provided adequate sleeping facilities are supplied and the employee can usually enjoy an uninterrupted night's sleep. No reduction is allowed unless at least 5 hours of sleep is taken.
Breaks during on-call shifts
Short rest breaks of about 5 to 20 minutes count as hours worked under federal law. Meal periods of at least 30 minutes can be unpaid, but only if the employee is completely relieved of duty. An employee who has to answer calls while eating isn't relieved, so that meal time is paid.
Overtime and on-call hours
Once on-call time counts as hours worked, it counts toward the 40 hours in a week that trigger overtime at one and a half times the regular rate under the FLSA. That's where on-call arrangements often go wrong: a few hours of paid on-call time at the end of a full week is overtime, not straight time. Our FLSA guide explains how hours worked feed into overtime.
Call-in pay in Canada
Some Canadian provinces add a minimum payment when you're called in. Two examples from the provinces' own pages, as of October 2026:
| Province | Call-in rule | Official example |
|---|---|---|
| Nova Scotia | At least 3 hours at the minimum wage when called in outside regular hours | At least $51, even if the employee works one or two hours |
| Saskatchewan | At least 3 hours at the employee's hourly wage when reporting for work | Earning $15.70 an hour and called in for two hours: $47.10 |
Saskatchewan's rule doesn't apply to overtime call-ins, which are paid at the overtime rate for each hour worked. Nova Scotia also requires minimum wage for all time an employee spends at the workplace, at the employer's request, waiting to work. Our guide to the minimum wage in Canada covers the rates in every province.
How to set up an on-call policy
- Decide where on-call staff must be. On your premises, the time is paid.
- Set response times and rules that leave people free to use their time, or plan to pay for it.
- Pay from the moment a call-out starts, including travel where the rules require it.
- Count paid on-call time toward weekly overtime.
- In Canada, apply the provincial call-in minimum for each call-in.
- Write the policy down and track call-outs, so pay matches the rules.
Paying a flat on-call allowance
Many employers pay a flat amount for being on call at home and then pay normal rates for time worked when called. Federal law doesn't require an allowance for on-call time that isn't hours worked, but it's a common way to keep a rota fair and reduce disputes. If the restrictions make the time hours worked, an allowance doesn't replace minimum wage and overtime for those hours.
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My verdict
The simplest test I use for on-call time is this: could the person reasonably go about their own life while they wait? If yes, it's usually unpaid under US law. If you've effectively kept them at work, pay it. In Canada, check the call-in minimum in the province: it's three hours in both Nova Scotia and Saskatchewan, but at different rates.
This guide is part of my Creator Pay Rates: What YouTube, TikTok, Instagram, Facebook and Snapchat Really Pay (75 Answers).
Frequently asked questions
Do you get paid for being on call?
In the US, you must be paid if you're required to stay on call at the employer's premises. On call at home is usually unpaid, unless the restrictions on your freedom are tight enough to make it work time.
Is waiting time paid?
It depends. The Department of Labor says an employee engaged to wait is working and must be paid, while an employee waiting to be engaged, and free to use the time, isn't working.
Do on-call hours count toward overtime?
Yes, once they count as hours worked. Under the FLSA, hours worked over 40 in a week must be paid at one and a half times the regular rate.
Can sleep time be unpaid on a long shift?
Only on shifts of 24 hours or more, by agreement, for up to 8 hours of regularly scheduled sleep, with adequate facilities and usually uninterrupted sleep. On shifts under 24 hours, sleep time counts as work.
What is call-in pay in Canada?
Some provinces require a minimum when you're called in. Nova Scotia requires at least three hours at the minimum wage, and Saskatchewan at least three hours at the employee's own hourly wage.
