A classified employee on designated non-restricted call will be paid one hour at his or her regular rate of pay for eight hours of standby and, if called in, the employee shall be paid a minimum of four hours pay or the actual hours worked, whichever is greater, in addition to the standby pay. An exception to this policy may be necessary for certain positions and must be authorized by the Vice President for Human Resources.
The hours paid for standby will not be credited toward hours worked in the week for overtime purposes.
An employee who is not required to remain on the employer's premises and is free to engage in his or her own pursuits, subject only to the understanding that he or she leave word at home or with the department about where he or she may be reached, is not working while on standby for the purpose of the State Labor Law. When an employee does go out on call in such a situation, only the time actually spent in making the call needs to be counted as hours worked. Of course, if the standby conditions are so restrictive that the employee is not really free to use the intervening periods for his or her own benefit, he or she may be considered as "engaged to wait" rather than "waiting to be engaged," in which event the waiting time would also be counted as hours worked.