Public safety
Security guards & monitoring staff: on-call and on-premises pay
The short answer
Security guards required to remain on site — including in a trailer or residence at the job site — are generally working under California law, which is the precise holding of Mendiola v. CPS Security Solutions, 60 Cal. 4th 833 (2015). Federally, on-premises waiting is hours worked under 29 C.F.R. § 785.15, and sleep-time exclusions are narrow under 29 C.F.R. § 785.22.
On-site standby is the core case
In Mendiola v. CPS Security Solutions, 60 Cal. 4th 833 (2015), the California Supreme Court held that guards required to reside in trailers at construction sites were performing compensable hours worked during on-call periods, including sleep time, under the wage order's control test at IWC Wage Order 4-2001 § 2(K).
Federal treatment
Federally, waiting on the employer's premises is hours worked under 29 C.F.R. § 785.15, and off-duty status requires complete relief under 29 C.F.R. § 785.16. Sleep time may be excluded on shifts of 24 hours or more only under 29 C.F.R. § 785.22.
Uniform and equipment time
Required uniform changes and equipment checks on site are compensable when integral and indispensable under 29 C.F.R. § 790.8, and required post-shift searches are hours worked in California under Frlekin v. Apple Inc., 8 Cal. 5th 1038 (2020).
Facts that usually decide these cases
- Required presence at the site during standby
- On-premises sleeping arrangements
- Restrictions on visitors, pets, and leaving
- Unpaid uniform and equipment time
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
- I live in a trailer on the job site while on call. Is that paid?
- In California, yes — Mendiola v. CPS Security Solutions, 60 Cal. 4th 833 (2015), treated exactly that arrangement as hours worked. Federally, on-premises waiting is compensable under 29 C.F.R. § 785.15 with narrow sleep exclusions under 29 C.F.R. § 785.22.
- Is post-shift search time paid?
- In California yes, under Frlekin v. Apple Inc., 8 Cal. 5th 1038 (2020); federally it depends on whether the activity is integral and indispensable under 29 C.F.R. § 790.8.
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