Running a small business in Central Florida, from the professional offices near I-4 in Volusia County to the historic storefronts in DeLand, requires a deep understanding of how to manage your team’s time. One area that frequently creates confusion for local owners is on-call pay. You might need a technician available for after-hours repairs or a medical assistant ready for emergencies, but knowing when that standby time turns into paid time is vital for your bottom line. This guide for employers in Florida explores the on-call pay laws and the distinction between waiting to be engaged and being engaged to wait.

What Are The Laws For On-Call Pay in Florida?

Florida does not have a unique state statute that dictates on-call pay differently from federal law. Instead, Florida employers must follow the Fair Labor Standards Act (FLSA). The Florida Department of Commerce and state courts look to federal Department of Labor (DOL) regulations to determine if an employer owes an employee wages for time spent on call.

The core of the issue rests on how much control you exercise over your employee during their off-hours. If your employee can use the time effectively for their own purposes, the law generally considers that time non-compensable. If the restrictions are so tight that the employee cannot grab dinner, for example, you may owe them for that time.

Engaged to Wait vs. Waiting to Be Engaged

The Department of Labor draws a sharp line between two scenarios. When an employee is engaged to wait, they are working. For example, if a receptionist is told to sit at a desk and wait for the phone to ring, they are engaged to wait according to 29 CFR § 785.15. Even if the phone never rings, you must pay them for every minute of that shift.

On the other hand, waiting to be engaged occurs when an employee is off-site but must stay reachable. Under 29 CFR § 785.17, an employee who is required to leave word at their home or with company officials where they may be reached is not working while on call. As long as they can move about and enjoy their personal life, this time is not usually paid.

What Factors May Trigger Mandatory Pay In Florida?

Federal and Florida courts look at the predominant benefit of the time. If the time spent is mostly for your benefit as the employer, it is compensable. To determine this, I often advise clients to look at several specific constraints:

  • Response Time: If you require an employee to arrive at a job site in Orange City within 15 minutes of a call, they are severely limited in what they can do. Short response windows often turn on-call time into paid time.
  • Frequency of Calls: If an employee gets interrupted by work calls every 20 minutes, they cannot realistically use that time for personal reasons.
  • Geographic Restrictions: Requiring an employee to stay within a very narrow radius of your office may be seen as an excessive restriction.
  • Use of Devices: Simply carrying a cell phone or a pager rarely makes on-call time compensable. But if the employee must stay glued to a laptop screen, the situation changes.

The U.S. Department of Labor provides clear examples of these distinctions in their Fact Sheet #22.

How to Calculate Your Employees’ Overtime and On-Call Pay

If you determine that your employee’s on-call time is compensable, you must include those hours in their total hours worked for the week. This is where many small businesses run into trouble with the Florida Minimum Wage Act and the FLSA. If the on-call hours push the employee over 40 hours in a workweek, you must pay the overtime rate of 1.5 times their regular hourly pay.

Under Florida Statute § 448.110, employers must stay mindful of the state’s minimum wage requirements. As of September 30, 2025, the Florida minimum wage increased to $14.00 per hour, and it will increase again to $15.00 per hour on September 30, 2026. Failing to pay for compensable on-call time can lead to claims for back wages, liquidated damages, and attorney fees.

Independent Contractors and On-Call Duties

Many business owners in the Volusia County area believe they can avoid these pay requirements by labeling staff as independent contractors. But the Florida Department of Revenue and federal agencies use a strict economic realities test to determine if someone is truly an independent contractor. If you control when they are on call, how fast they must respond, and provide the tools they use, the state may reclassify them as employees. If that happens, you could be liable for unpaid on-call wages dating back several years.

How Can Florida Employers Ensure Compliance When Managing On-Call Work?

To protect your business, you should create a clear, written on-call policy. This document should define exactly what is expected of the employee. If you do not intend to pay for the standby time, ensure the policy allows the employee enough flexibility to run errands, eat out, or spend time with family.

You should also track any actual hours worked during on-call shifts. If an employee is at home in Port Orange and takes a 30-minute service call, they must be paid for those 30 minutes, even if the standby time itself is unpaid. Keeping meticulous records is your strongest defense against a wage and hour audit.

How a Legal Review Helps Your Business

Wage and hour disputes are expensive and time-consuming. Because Florida law aligns so closely with federal regulations, one mistake can lead to federal litigation. I focus on helping small business owners navigate these complexities before they become problems. Whether you are drafting a new handbook or facing a demand letter from a former staff member, having a clear understanding of the law is the first step toward a resolution.

There are unique challenges of operating a business in the Central Florida corridor. Lankford Law Firm can provide the clarity you need to manage your team effectively while staying in compliance with state and federal mandates.

Schedule an Initial Consultation

Lankford Law Firm offers helpful guidance to small business owners throughout Central Florida. If you have questions about how these laws apply to your specific industry or want to ensure your current pay structure is legally sound, reach out today. Call 386-866-2126 to book an initial consultation and take a proactive step in protecting your business.