Whether Standby Time Is Work Time, Requiring Compensation Is A Question Of Fact.

Employee of company providing emergency cleanup of the California coast was compensated for 12 hours per day for “work time.” But, in addition, he was on 45 minute standby duty for another four hours. He sought overtime pay for the standby time period and the trial court granted his employer’s motion for summary judgment. The Court of Appeal reversed and held that because the geographical limitation placed on the employee by virtue of the duty to respond within 45 minutes, a fact finder might conclude that this also constituted “work time” for which compensation was required. Seymore v. Metson Marine, Inc. (Cal. App. First Dist., Div. 3; April 14, 2011) 194 Cal.App.4th 361, [128 Cal.Rptr.3d 13].