Can Employers Call Employees After Work Hours in California?
Understanding California Labor and Employment Law
When it comes to California labor and employment law, one question that frequently arises is whether employers can contact employees outside of normal working hours. The answer depends largely on how the employee is classified under state and federal law — specifically, whether they are exempt or nonexempt under the Fair Labor Standards Act (FLSA) and California wage regulations.
Failing to comply with these rules can lead to costly consequences, including unpaid wage claims, penalties, and attorneys’ fees. Employers in California should understand their obligations to stay compliant and avoid disputes.
Exempt vs. Nonexempt Employees
Exempt Employees
Exempt employees — such as salaried managers, executives, and professionals — are not entitled to overtime pay under California labor law. Because their pay covers all work performed regardless of timing, employers can contact them outside of business hours.
Still, it’s good practice to respect their personal time to maintain morale and prevent burnout. No one enjoys being “always on,” even if the law technically allows it.
Nonexempt Employees
For nonexempt (hourly) employees, the rules are far stricter. Under California’s labor and employment law, any time spent answering work-related calls, texts, or emails outside of scheduled hours counts as hours worked — and must be paid.
Even a short phone call or message that benefits the company can trigger compensable time. If these off-hour communications push the employee past 40 hours in a week, they are owed overtime pay. Failure to compensate properly can lead to unpaid wage claims and possible legal action under the California Labor Code.
For a full breakdown of how California wage rules apply to nonexempt employees, see our Labor Law – Employees page.
Why Even a Short Call Could Trigger Overtime Pay
The issue isn’t the act of calling — it’s that the employee’s time must be compensated. California’s labor laws are strict: even a brief phone call or text message that requires the employee to perform a duty outside of work hours is considered paid time.
Any task that benefits your business — answering a question, checking a report, or providing data — is compensable. Employers who overlook this can face claims for unpaid wages, overtime, and attorneys’ fees. Learn more about avoiding unpaid wage issues on our Unpaid Overtime page.
The “Right to Disconnect” — Not Yet a U.S. Law
Unlike countries such as France, Spain, Italy, Belgium, Portugal, and Canada, the United States has no federal “right to disconnect.” Some U.S. cities have proposed similar laws, but none have been widely adopted.
That means California employers must rely on existing labor and wage laws — and common sense. The key takeaway? If an employee performs any task for your company’s benefit, you must pay them for it.
Best Practices for Employers in California
At our firm, we keep things simple:
We tell our staff that if we call after hours, it’s because it’s truly urgent — and of course, we pay for that time. On average, our firm-to-staff calls last about seven minutes.
Think about it — if you need critical information, that brief call can save far more than it costs. Paying employees fairly for their time not only keeps you compliant, it builds trust and transparency within your team.
Final Thoughts: Stay Compliant, Stay Fair
Understanding California labor laws about contacting employees after hours is essential for both employers and workers.
If you’re unsure whether your policies comply with California wage and hour laws, or if you’re facing potential unpaid wage claims, consult an experienced employment lawyer in California.
A qualified attorney can review your situation, clarify your rights, and help protect your business from costly disputes.
