On-Call Laws in Texas (2026): What You Need to Know
Texas workers often wonder if they should get paid when they’re on call. Many employers require employees to be available outside regular work hours. Understanding your rights can help you get proper payment for your time.
This guide explains Texas on-call laws and when you must be paid. You’ll learn about penalties for violations and how to file complaints if needed.
What Is On-Call Time?
On-call time means you must be available to work when your employer calls. You might need to carry a phone or stay near your workplace. This happens in many jobs like healthcare, maintenance, and emergency services.
Being on call doesn’t always mean you get paid. Texas law looks at how much freedom you have during on-call periods. If you can’t use your time freely, you might deserve pay.
Basic On-Call Laws in Texas
Federal Law Governs Most Cases
Texas minimum wage laws do not address when an employer must count employee on-call time as hours worked for purposes of their minimum wage and overtime requirements. Because most employers and employees in Texas are subject to the federal Fair Labor Standards Act, the standards set forth in that law related to on-call time may provide reasonable guidance.
Texas follows federal rules from the Fair Labor Standards Act (FLSA). The state doesn’t have separate on-call pay laws. This means federal guidelines decide when you get paid for on-call time.
The Basic Rule
The general rule in Texas is that an employee must be compensated for on-call or stand-by time if the employee cannot “use the on-call time effectively for his or her own purposes,” according to the Texas Workforce Commission (TWC) and the Fifth Circuit.
You must be paid for on-call time if you can’t use it for your own purposes. Courts look at how restricted you are during on-call periods. More restrictions mean you’re more likely to get paid.
Two Key Categories
The law divides on-call time into two types. “Engaged to wait” means you’re working and must be paid. “Waiting to be engaged” means you might not get paid.
The Department of Labor has established that on-call time may be compensable depending on whether employees are “engaged to wait” versus “waiting to be engaged.” Being engaged to wait happens when you can’t leave your workplace or have severe restrictions.
When On-Call Time Must Be Paid
Staying at Work
You must be paid if your employer requires you to stay at work during on-call time. This includes waiting in break rooms, offices, or designated areas. You can’t use this time for personal activities.
Geographic Restrictions
A court will review your employee’s ability to use their time, including: • Is your employee required to remain on the premises? • If allowed off the premises, are there excessive geographic restrictions on your employee’s movements?
Strict location limits often require payment. If you must stay within a small area around work, this might count as paid time. Courts examine how far you can travel during on-call periods.
Response Time Requirements
Very short response times can make on-call time payable. If you must arrive at work within 20-30 minutes, this limits your freedom. You can’t travel far or do many personal activities.
Frequency of Calls
How often is your employee actually contacted while on call? Getting called frequently during on-call time can make it compensable. Constant interruptions prevent you from using time effectively for yourself.
When On-Call Time Doesn’t Require Pay
Freedom to Leave
If you can leave your workplace and go anywhere, you might not get paid. You must be free to use your time for personal activities. This includes sleeping at home or running errands.
Reasonable Response Time
Longer response times give you more freedom. If you have several hours to respond to calls, this suggests non-compensable time. You can plan activities and use time personally.
Infrequent Contact
Getting called rarely during on-call periods supports non-payment. Noting that Bright admitted he was called in only four or five times each week, was paid for all time spent in responding to the calls, and was able at all non-duty times to conduct his personal affairs, including sleeping or resting at h Courts look at how often calls actually happen.
Special Rules for Government Workers
Texas State Agencies
Some Texas government agencies have special on-call pay rules. The Texas Facilities Commission may pay compensation for on-call time at the following rates: Credit for one hour worked for each day on-call during the normal work week. – and – · Credit for two hours worked for each day on-call during weekends and on holidays.
These rules only apply to specific state agencies. Private employers don’t have to follow these rates.
Federal vs State Workers
Federal employees may have different rules than state workers. Check your employee handbook for specific policies. Government jobs often have unique on-call requirements.
Overtime and On-Call Time
Counting Hours
Compensable on-call hours count toward your weekly total. If on-call time plus regular hours exceed 40 per week, you get overtime pay. If it is more than forty hours and you are not a salaried, exempt employee, then also overtime pay.
Exempt Employees
If you are properly classified as an exempt, salaried employee performing exempt duties your employer does not have to pay you for being on call. If you are a salary employee, it gets worse, because a salary employee does not have to be paid any extra for additional time worked beyond 40 hours under the law.
Salaried exempt employees typically don’t get extra pay for on-call time. This includes managers, professionals, and certain administrative workers.
Penalties and Consequences
Administrative Penalties
Under Texas Payday Law, employers may face administrative fines of up to $1,000 per violation. Additionally, they must pay the full unpaid wages plus interest (currently 6% in Texas as of 2025).
The Texas Workforce Commission can fine employers who don’t pay required wages. Interest adds up over time on unpaid amounts.
Federal Penalties
If your case proceeds under federal law (FLSA), penalties can include liquidated damages equal to unpaid wages, doubling your recovery.
Federal violations can double your recovery. Employers might pay twice the unpaid wages as punishment. Attorney fees may also be covered.
Criminal Charges
Under Texas law, willful non-payment of wages is a Class B misdemeanor, which is punishable by up to 180 days in jail and a fine of up to $2,000.
Deliberate wage theft can lead to criminal charges. Employers face potential jail time for willful violations. This applies when employers intentionally refuse to pay wages.
How to File a Complaint
Texas Workforce Commission
The deadline for filing a wage claim is no later than 180 days after the date the wages were originally due to be paid.
You have 180 days to file a wage claim with the TWC. This process is free and doesn’t require a lawyer. The TWC investigates and can order payment.
Required Information
Include specific details about your on-call duties when filing. Explain restrictions on your movement and activities. Provide documentation like work schedules and employer policies.
Investigation Process
Investigation and Resolution: The TWC will investigate claims, review payroll records, and determine the validity of the claim.
The TWC reviews your claim and employer records. They may contact witnesses and gather evidence. The process usually takes several months to complete.
Legal Action Options
Private Lawsuits
Unlike some statutes that provide administrative remedies, the Texas Payday Law does not require an employee to exhaust his administrative choices before turning to a court.
You can sue in court without filing with the TWC first. Private lawsuits may recover more money than administrative claims. Consider hiring a lawyer for complex cases.
Attorney Representation
Recent data from 2025 shows that workers represented by attorneys in wage theft cases recovered an average of 85% more in unpaid wages compared to those who pursued claims without legal representation.
Lawyers often help recover more money in wage cases. They can identify additional violations you might miss. Many employment lawyers work on contingency fees.
Record Keeping Requirements
Employer Duties
Record-Keeping Requirements: Texas employers must maintain accurate time records for all compensable time, including on-call work.
Employers must track all compensable on-call hours. They need records of when you were on call and any work performed. Poor record keeping can help your case.
Employee Documentation
Keep your own records of on-call duties and restrictions. Write down response time requirements and geographic limits. Save emails and policies about on-call expectations.
Common On-Call Violations
Not Paying for Restricted Time
Failure to Compensate for Compensable Time: Not paying for on-call time that is so restrictive it prevents employees from effectively using the time for personal purposes.
Many employers wrongly believe all on-call time is unpaid. They ignore restrictions that make time compensable. This is a common violation.
Overtime Calculation Errors
Incorrect Overtime Calculations: Neglecting to include compensable on-call hours when calculating overtime eligibility and rates.
Employers often forget to include on-call hours in overtime calculations. This can cost workers significant money over time.
Poor Documentation
Inadequate Recordkeeping: Not maintaining accurate records of time spent performing work activities during on-call periods.
Missing or incomplete records make it hard to prove violations. Employers must track all work-related activities during on-call time.
Frequently Asked Questions
Can my employer make me answer my personal phone while on call?
Texas is an at-will employment state. Well, as an at will employee, if you want your job and do not want them to fire you then the answer is yes you do. You can ask them for a company phone and that is up to the employer to give you or not. Employers can require phone availability as a job condition, but they may need to pay for restrictive on-call time.
What if I’m only called in occasionally during on-call periods?
Infrequent calls don’t automatically make on-call time unpaid. Courts look at the overall restrictions during on-call periods. Even with few calls, severe restrictions might require payment.
Do I get overtime pay if on-call hours push me over 40 hours per week?
Yes, if the on-call time is compensable and you’re non-exempt. If any of these employees are nonexempt employees and the work credits result in a workweek of more than 40 hours, then the employee also must be paid overtime. All compensable hours count toward overtime calculations.
Can my employer pay me less for on-call time than regular work?
It is permissible to have a wage agreement whereby employees are paid at a lower rate (at least minimum wage) for compensable on-call time and other types of non-productive work time, as noted in 29 C.F.R. 778.318(b). Employers can pay lower rates for on-call time but must meet minimum wage requirements and have written agreements.
What if my employer has a voluntary on-call pay policy?
Your employer may have a policy of paying for on call time even though it doesn’t have to. While your employer may have to pay you for on call time they may choose to voluntarily. Voluntary policies create enforceable obligations. Employers must follow their own written policies consistently and without discrimination.
Final Thoughts
Understanding Texas on-call laws protects your right to fair pay. Remember that restrictions during on-call time often require compensation. Document your on-call duties and any limitations on your freedom.
If you believe you’re owed on-call pay, consider filing a complaint or consulting a lawyer. Time limits apply, so don’t wait too long to take action. Know your rights and speak up for proper compensation.