Static educational checklist — not a calculator. No punch inputs, no live on-call pay math. Use this to spot common FLSA hours-worked red flags for waiting time and on-call duty: engaged to wait vs waiting to be engaged, on-duty waiting, off-duty waiting, and restrictive on-call arrangements. States can be stricter — this page tracks the federal Part 785 interpretive baseline. Distinct from travel-time and meal-break checklists.
Federal baseline (hours worked — waiting / on-call)
DOL interpretive rules in 29 CFR Part 785 explain when waiting and on-call time count as hours worked under the FLSA. Starting points: Cornell LII — § 785.14 (waiting time — general), § 785.15 (on duty), § 785.16 (off duty), § 785.17 (on-call time), and matching eCFR Part 785. This page does not compute payable hours.
Checklist — waiting-time & on-call red flags
Engaged to wait vs waiting to be engaged (§ 785.14). Flag blanket “waiting is unpaid” policies. The federal interpretive baseline asks whether the employee is engaged to wait (time generally hours worked) or waiting to be engaged (may be unpaid if truly relieved). Do not invent a rule from a stub label alone.
On-duty waiting (§ 785.15). Flag unpaid “idle,” “standby,” or “dead time” while the employee remains on duty — e.g., a messenger waiting for the next assignment, a fire fighter waiting for an alarm, a factory worker waiting for machinery to be repaired. On-duty waiting is generally hours worked even if the employee is allowed to read, talk, or use a phone.
Off-duty waiting / relieved of duty (§ 785.16). Flag long unpaid gaps that look “off the clock” when the employee is not completely relieved from duty and free to use the time for their own purposes. True off-duty periods that are long enough to be used effectively as the employee’s own time are often excluded — short or controlled gaps usually are not.
On-call time / restrictive call arrangements (§ 785.17). Flag “on-call unpaid” handbooks when employees must remain on premises, within a tight geographic radius, respond immediately, or otherwise cannot use the time effectively for their own purposes. On-call time spent at home may or may not be hours worked depending on the degree of restriction — look at facts, not the label.
Response / callback while on call. Even when idle on-call time is unpaid, time spent actually responding — travel to the site (when it is hours worked under travel rules), performing the call, and related controlled waiting — is generally hours worked. Flag stubs that pay only a flat “callback stipend” with zero recorded hours when the employee worked.
Continuous workday / unpaid mid-shift gaps. Flag schedules that punch out for unpaid “waiting for the next job,” customer no-shows, or parts delays while the employee remains under the employer’s control. Pair with on-duty waiting facts when the gap looks like idle time on duty rather than a true meal or personal break.
Pay-stub / OT interaction. Waiting and on-call hours that are hours worked count toward the FLSA 40-hour overtime threshold in the same workweek and feed the regular-rate analysis. Cross-check with the overtime pay-stub checklist when standby pay, on-call stipends, and OT appear together.
State overlays / naming traps. Some states treat on-call or report-time patterns more protectively than federal Part 785. Also do not confuse FLSA “waiting time” (hours worked) with state waiting-time penalties for late final paychecks — different doctrines. This checklist does not map every state rule.
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Educational checklist only — not legal advice, not an on-call pay calculator, and not an audit. Always read the full CFR and apply facts, CBA terms, and state overlays. States differ. Last updated 2026-09-06. Home · Travel-time · Meal & rest · Tip credit · OT stub checklist · Cheat sheet · StatutePay