ON-CALL EMPLOYMENT










On-Call Employment Rights in West Virginia and Ohio
If your employer requires you to remain available outside of your regular working hours — waiting by the phone, staying close to the workplace, or being ready to report at a moment's notice — you may be entitled to compensation for that on-call time. The rules around on-call pay are more nuanced than most workers realize, and employers frequently take advantage of that confusion to avoid paying workers for hours they should be compensated for. At Klie Law Offices, our employment law attorneys help on-call workers throughout West Virginia and Ohio understand their rights and recover wages when employers fail to pay for compensable on-call time.
We handle on-call employment cases from our offices in Buckhannon, Clarksburg, Morgantown, Parkersburg, and Canton, Ohio.
When Is On-Call Time Compensable?
The central question in on-call pay disputes is whether the employee's time is sufficiently restricted by the employer's requirements that it should be considered hours worked. Under the Fair Labor Standards Act and corresponding state laws, the answer depends on how much the on-call requirements limit the employee's freedom to use their time for personal purposes.
There is no single test that applies in every case. Instead, courts and the Department of Labor evaluate the totality of the circumstances, considering factors such as how quickly the employee must respond to a call, whether the employee must remain at a specific location or within a certain geographic area, how frequently the employee is actually called in during on-call periods, whether the employer imposes restrictions on the employee's personal activities (such as prohibiting alcohol consumption or requiring them to remain reachable at all times), and whether the employee can effectively use the on-call time for personal purposes.

On-Call at the Employer's Premises
When an employee is required to remain on the employer's premises or at a designated location while on-call, that time is almost always considered compensable hours worked. An employee who must stay at the workplace waiting for assignments, even if they are allowed to read, sleep, or engage in personal activities during slow periods, is under the employer's control and must be paid. This is often referred to as "waiting to be engaged" — the employee is waiting as part of their job, and the waiting time is compensable.
On-Call Away from the Premises
When an employee is on-call from home or another location away from the workplace, the analysis is more complex. If the employee's freedom is significantly restricted — for example, if they must respond within 15 minutes, cannot travel more than a short distance from the workplace, are called in frequently, or face disciplinary action for missing a call — the on-call time is likely compensable. Conversely, if the employee can go about their normal activities, the response time requirement is reasonable (such as one to two hours), and calls are infrequent, the on-call time may not be compensable, though the employee must still be paid for the time they actually spend responding to calls.

Common On-Call Scenarios
The question of whether on-call time is compensable arises in many different industries and job settings. Understanding how the law applies to common scenarios can help you assess whether you are being paid correctly.
Healthcare Workers
Nurses, medical technicians, EMTs, and other healthcare workers are frequently required to be on-call. If a hospital requires a nurse to remain on the premises during on-call shifts, that time must be paid. If the nurse is allowed to go home but must respond within 20 minutes and is called in three or four times per on-call period, the restrictions may be severe enough to make the entire on-call period compensable. Healthcare on-call pay disputes are among the most common in this area of employment law.
Maintenance and Repair Workers
Maintenance technicians, IT workers, and repair personnel are often required to be available after hours for emergency repairs. If the response time requirement is strict and call-ins are frequent, the on-call time may be compensable. Even when the full on-call period is not compensable, the time spent traveling to and performing the repair work must be paid, and if that time pushes the employee over 40 hours for the week, overtime must be paid at the premium rate.
Public Safety Personnel
Firefighters, police officers, and other public safety employees frequently have on-call obligations. Special rules under the FLSA apply to certain public safety employees, including alternative work period calculations and partial overtime exemptions. However, these special rules do not eliminate the requirement to pay for compensable on-call time, and many public employers misapply them.
Retail and Service Workers
Some retail and service employers use on-call scheduling — requiring employees to call in or check a schedule shortly before a shift to find out whether they need to report. While the legality of on-call scheduling varies by jurisdiction, requiring an employee to remain available and restricting their ability to make other plans can raise compensability issues, particularly if the employee is expected to report on very short notice.
Client Reviews

On-Call Time and Overtime
When on-call time is compensable, it counts toward the 40-hour workweek threshold for overtime purposes. This means that an employee who works 40 regular hours plus 10 hours of compensable on-call time in a single workweek is entitled to overtime pay for those 10 additional hours. Employers sometimes fail to include compensable on-call time in the overtime calculation, resulting in significant underpayment over time.
Even when the full on-call period is not compensable, any time the employee spends actually responding to calls, performing work, or traveling to the worksite during on-call periods must be counted as hours worked and included in the overtime calculation.
On-Call Pay and Sleep Time
Special rules apply when an employee is required to be on-call for 24 hours or more. In these extended on-call situations, the employer and employee may agree to exclude up to eight hours of sleep time from compensable hours, but only if the employer provides adequate sleeping facilities and the employee can usually enjoy an uninterrupted night's sleep. If the employee's sleep is interrupted by calls to duty, the sleep time must be compensated. And if the parties have not agreed to exclude sleep time, or if adequate sleeping facilities are not provided, the full on-call period is compensable.
West Virginia On-Call Pay Considerations
West Virginia follows the federal FLSA framework for determining whether on-call time is compensable. The state's labor laws apply the same factors — the degree of restriction on the employee's freedom, the frequency of calls, response time requirements, and the ability to use the time for personal purposes. West Virginia's strong public policy protections also mean that an employer who retaliates against an employee for asserting their right to on-call pay may face additional liability under the state's at-will employment exceptions.
Ohio On-Call Pay Considerations
Ohio similarly applies the FLSA framework to on-call pay disputes. Ohio courts have examined on-call compensation claims in a variety of industries and generally follow the totality-of-the-circumstances approach, weighing the degree of restriction against the employee's ability to use the time for personal purposes. Our Canton office attorneys are experienced in evaluating on-call arrangements under Ohio law and pursuing claims when employers fail to compensate on-call workers properly.

Helpful Shorts From Our TikTok
Klie Law Office F.A.Q
1. What should I do immediately after a personal injury accident?
After a personal injury accident, your safety comes first. Seek medical attention right away, even if you feel fine, as some injuries may not be immediately apparent. If possible, document the scene by taking photos, gathering witness information, and filing an accident report. Then, contact an experienced personal injury attorney at Klie Law Offices to discuss your rights and next steps.
2. How do I know if I have a valid personal injury claim?
If you were injured because of someone else’s negligence or reckless actions, you may have a valid personal injury claim. Common situations include car accidents, slip and falls, workplace injuries, and dog bites. Our attorneys offer free consultations to review your situation and determine whether you have a case.
3. How much is my personal injury case worth?
The value of a personal injury case depends on several factors, including the severity of your injuries, medical expenses, lost wages, pain and suffering, and long-term impacts on your life. Every case is unique, so we carefully evaluate the details to pursue the maximum compensation available under the law.
4. Will my personal injury case go to court?
Most personal injury cases are settled outside of court through negotiations with insurance companies or at mediation. However, if a fair settlement cannot be reached, Klie Law Offices is prepared to represent you in court and fight for the compensation you deserve.
5. How much does it cost to hire a personal injury lawyer at Klie Law Offices?
Klie Law Offices handles personal injury cases on a contingency fee basis. This means you pay no upfront costs, and we only get paid if we recover compensation for you. Your initial consultation is free, and we’ll explain all fees and terms clearly before you decide to move forward.

Civil Litigation Team
Civil Litigation Attorneys
Administrative Assistant
Civil Litigation Paralegals
Civil Litigation Practice Coordinator
Civil Litigation Law Clerk

What to Do If You Are Not Being Paid for On-Call Time
If you believe your on-call time should be compensated and your employer is not paying you for it, there are steps you should take. Keep detailed records of your on-call obligations, including the dates and times you were on-call, how quickly you were required to respond, what restrictions were placed on your activities, and how frequently you were actually called in. Save any written policies, text messages, or communications from your employer about on-call expectations. Track the total hours you work each week, including on-call time, to determine whether you are owed overtime. And consult with an employment attorney to evaluate whether your on-call time is compensable under the specific facts of your situation.
Why Choose Klie Law Offices
On-call pay cases require attorneys who understand the nuanced legal standards that determine compensability and can build a factual record that demonstrates how significantly the employee's freedom was restricted. At Klie Law Offices, our employment law team evaluates on-call arrangements across a range of industries and pursues recovery for workers who are not being paid for compensable time. We analyze the specific restrictions your employer places on your on-call time, calculate the unpaid wages and overtime you are owed, and pursue your claim through agency complaints or litigation.


Being Required to Stay Available Without Pay?
If your employer requires you to be on-call and you believe that time should be compensated, contact Klie Law Offices for a free case evaluation, or schedule an appointment online. We serve clients from our offices in Buckhannon, Clarksburg, Morgantown, and Parkersburg in West Virginia, and Canton in Ohio.
Office Locations
Buckhannon
21 E Main St, Suite 160
Buckhannon, WV 26201
Map and Directions ↗
Parkersburg
300 Star Avenue, Unit 312
Parkersburg, WV 26101
Map and Directions ↗
Clarksburg
339 W Main St
Clarksburg, WV 26301
Map and Directions ↗
Morgantown
1300 Fort Pierpont Dr, Suite
102, Morgantown, WV 26508
Map and Directions ↗
Canton, OH
4150 Belden Village St NW
Suite 606
Canton OH, 44718
Map and Directions ↗
The first thing you’ll notice when you come to our Law Offices is that we’ll listen to your story. We want to know what you’re going through and what you need. Then, we’ll explain how West Virginia law applies to your specific situation and what your legal options are. There are no cookie-cutter answers here. We create a legal strategy tailored to each client’s individual needs.
Depending on your situation, we will find the right path forward. We are adept at resolving your legal matters through negotiation and mediation whenever possible. But we also won’t hesitate to take your case to trial if that’s what it takes to get the best possible outcome for you.
If you’re facing a legal challenge and need someone in your corner, don’t wait to get the help you deserve. Contact Klie Law Offices today to schedule a confidential consultation and take the first step toward a solution that works for you.




















