Skilled trades
Electrical & HVAC service technicians: on-call hours worked
The short answer
Electricians and HVAC service techs on a nightly or weekend rotation are owed pay for the standby period whenever the employer's restrictions keep them from using the time effectively for themselves under 29 C.F.R. § 785.17. Under California law, hours the employer controls are hours worked under IWC Wage Order 4-2001 § 2(K).
The rotation and the restrictions
Service shops promise same-night outage and no-heat response. Techs hold the phone, keep the van stocked, and are penalized for missed calls. Where refusal carries discipline and the response deadline is short, the arrangement resembles the compensable standby in Renfro v. City of Emporia, 948 F.2d 1529 (10th Cir. 1991), rather than the permissive pager in Bright v. Houston Northwest Medical Center, 934 F.2d 671 (5th Cir. 1991).
Overtime math that shops get wrong
Overtime is owed on hours over 40 in a workweek at one and one-half times the regular rate under 29 U.S.C. § 207(a), and spiffs, sales commissions, and on-call premiums belong in that rate under 29 U.S.C. § 207(e). California adds daily overtime after eight hours and double time after twelve under Cal. Lab. Code § 510.
Are you exempt?
Field service technicians rarely satisfy the white-collar duties tests in 29 C.F.R. Part 541, and a salary alone does not create an exemption. California requires that an exempt employee spend more than half the time on exempt duties under Cal. Lab. Code § 515 and the applicable wage order.
Facts that usually decide these cases
- Discipline for declining after-hours calls
- Short promised response times to customers
- Commissions and spiffs left out of the overtime rate
- Salaried misclassification of field techs
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'm salaried. Can I still be owed overtime?
- Yes. A salary alone does not create an exemption — the duties tests in 29 C.F.R. Part 541 must also be met, and California requires that more than half of the work be exempt duties under Cal. Lab. Code § 515.
- Do spiffs and commissions change my overtime rate?
- Non-discretionary spiffs and commissions must be included in the regular rate under 29 U.S.C. § 207(e) and 29 C.F.R. § 778.117, so overtime computed on base pay alone understates what is owed.
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.