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Q.Are resident managers entitled to overtime for "on call" hours?

A.Not always.

Under the general rule, when an employee's personal freedom to engage in personal activities is substantially restricted, the "on call" time is considered hours worked. However, in Isner v. Falkenberg, 160 Cal.App.4th 1393 (2008), a California Appellate court held that apartment managers required to live on site were not entitled to be paid for on call time, but only for time actually spent performing their duties. In the court's opinion, although the plaintiff resident managers were required, along with other resident employees, to remain within earshot of the Company's emergency alarm system during off duty hours, they retained sufficient freedom to engage in personal activities without material limitations.

Although the case is limited to resident employees, it does underscore the general rule that "on call" time constitutes compensable "hours worked."




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