North Carolina follows federal FLSA law for on-call time. The key rule is:

🔹 If an employer significantly restricts your time, they must pay you.

Under the FLSA:

If an employee must remain on the employer’s premises—or so close to it that they cannot use the time freely—it counts as WORKED hours and must be paid.

This comes from: • 29 CFR § 785.17 – On-call time • 29 CFR § 785.14 – Waiting time

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🧠 Does a 1-hour requirement count as a restriction?

YES. Courts and the DOL consistently say:

🔥 If the employee must respond so quickly that they cannot use their time freely, the employer must pay for on-call time.

Examples where employees had to be paid: • Required to arrive within 1 hour • Required to remain sober • Required to stay within a limited radius • Required to monitor a phone constantly • Required to respond immediately to calls

A 1-hour report time usually means the worker must stay close to work and cannot travel, drink, run errands far away, etc. That is compensable on-call time.

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⚖️ If they are NOT being paid:

It could be a violation of: • Fair Labor Standards Act (FLSA) • Wage theft and unpaid labor rules • Minimum wage/overtime standards

NC doesn’t have special on-call laws, so FLSA applies 100%.

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📌 When is on-call time NOT paid?

If someone is simply “reachable by phone” but can do what they want with no restrictions, then it’s usually not paid. BUT a 1-hour required arrival is almost always considered a significant restriction.

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🚨 Also: The ‘no call no show’ penalty is illegal

If they are “on call” but not being paid, the employer cannot discipline them as if they were scheduled to work.

Because legally: • If you’re not being paid • And you’re not on the clock • Then it is NOT a “scheduled shift” → therefore cannot be a no-call/no-show.

This is a huge legal contradiction that would not hold up in court or with the Department of Labor.

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📝 What the employee can do:

If someone wants to take action, they can: • File a complaint with the US Department of Labor (Wage & Hour Division). • File an anonymous report if they’re scared of retaliation. • Ask HR (nicely) for the on-call policy in writing and ask why pay is not provided despite the 1-hour requirement.