Public safety
Firefighters: standby, sleep time, and work periods
The short answer
Firefighter standby is compensable when call frequency and restrictions keep the time from being usable for personal purposes — the exact holding of Renfro v. City of Emporia, 948 F.2d 1529 (10th Cir. 1991), under 29 C.F.R. § 785.17. Fire protection personnel may be paid on an extended work period under 29 U.S.C. § 207(k) and 29 C.F.R. § 553.230.
Callback frequency
In Renfro v. City of Emporia, 948 F.2d 1529 (10th Cir. 1991), firefighters averaging three to five callbacks per 24-hour on-call period were entitled to pay for the whole period, applying 29 C.F.R. § 785.17.
Sleep and meal time on long shifts
For public-agency fire personnel on shifts of 24 hours or more, sleep and meal time may be excluded by agreement within the limits of 29 C.F.R. § 553.222 and 29 C.F.R. § 785.22; interrupted sleep must be paid. California pays for controlled on-premises time under Mendiola v. CPS Security Solutions, 60 Cal. 4th 833 (2015).
Work-period math and comp time
The overtime threshold for a 27-day fire work period is set by the table in 29 C.F.R. § 553.230, and compensatory time may substitute for cash only under 29 U.S.C. § 207(o).
Facts that usually decide these cases
- Number of callbacks per on-call period
- Sleep-time deductions on 24-hour shifts
- Work-period threshold calculations
- Comp time used in place of cash overtime
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
- How many callbacks make standby compensable?
- There is no fixed number, but three to five callbacks per 24-hour period supported full compensability in Renfro v. City of Emporia, 948 F.2d 1529 (10th Cir. 1991), applying 29 C.F.R. § 785.17.
- Can sleep time be unpaid on a 24-hour shift?
- Only by agreement and only for uninterrupted sleep within the limits of 29 C.F.R. § 553.222 and 29 C.F.R. § 785.22.
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