Restoration & disaster response
Fire & smoke damage restoration: unpaid standby time
The short answer
Board-up and smoke-remediation crews are typically dispatched within hours of a fire being knocked down, and if your employer requires a fixed response window and a nearby location while you wait, that waiting time is compensable under 29 C.F.R. § 785.17. California applies the stricter control test from Mendiola v. CPS Security Solutions, 60 Cal. 4th 833 (2015).
The emergency board-up rotation
Fire losses generate immediate board-up, tarping, and soot containment work. Crews carry the emergency line, cannot drink, and must reach the shop to pick up a truck before heading to the scene. Waiting under those conditions is readiness the employer purchased: Armour & Co. v. Wantock, 323 U.S. 126 (1944); 29 C.F.R. § 785.17.
Travel and long-shift pay rules
Once you are called out, travel from home to an emergency job in the middle of the night is generally compensable under 29 C.F.R. § 785.36, and all travel between job sites during the workday is hours worked under 29 C.F.R. § 785.38. In California, travel time subject to the employer's control is compensable under Morillion v. Royal Packing Co., 22 Cal. 4th 575 (2000).
Deadlines and damages
Federal claims reach back two years, or three for willful violations, under 29 U.S.C. § 255(a), and unpaid overtime is generally doubled under 29 U.S.C. § 216(b). California unpaid-wage claims run three years under Cal. Civ. Proc. Code § 338 and up to four when pleaded as unfair competition under Cal. Bus. & Prof. Code § 17208.
Facts that usually decide these cases
- Overnight callouts tied to fire-department release
- Mandatory shop stop before dispatch
- Sobriety and readiness rules during the rotation
- Unpaid night travel to the loss
Weighed together under the framework of Owens v. Local No. 169, 971 F.2d 347 (9th Cir. 1992): Geographic restriction — how far you may travel while on call; Response time — how many minutes you have to answer or arrive; Call frequency — how often the phone actually rings; Personal interference — what the rotation stops you from doing; Trade or refusal rights — whether you can hand the shift off.
Frequently asked questions
- Is my drive to a 2 a.m. fire loss paid?
- Travel to an emergency job outside normal hours is generally compensable under 29 C.F.R. § 785.36, and travel between sites during the workday is always hours worked under 29 C.F.R. § 785.38. California requires pay for travel under employer control per Morillion v. Royal Packing Co., 22 Cal. 4th 575 (2000).
- How far back can I claim?
- Two years federally, or three years for willful violations, under 29 U.S.C. § 255(a); California unpaid wage claims generally run three years under Cal. Civ. Proc. Code § 338. Filing sooner protects the oldest weeks from expiring.
Keep reading
Check your on-call case in three minutes.
Nine questions. We score your facts against the five factors courts weigh and estimate what your unpaid standby hours are worth.