Service & commerce
Hospitality & hotels: overnight coverage and manager-on-duty
The short answer
Hotel staff who must stay on property or in a provided room to cover overnight calls are generally working under 29 C.F.R. § 785.15, and any sleep-time exclusion is narrow under 29 C.F.R. § 785.22. California treats time subject to employer control as hours worked under IWC Wage Order 5-2001 § 2(K).
Manager-on-duty and night audit coverage
Staying in a hotel room to answer guest emergencies is on-premises waiting, compensable under 29 C.F.R. § 785.15 unless the worker is completely relieved of duty under 29 C.F.R. § 785.16.
Tips, service charges, and the overtime rate
Mandatory service charges paid to employees are wages that belong in the regular rate under 29 C.F.R. § 531.55, and the tip credit is limited by 29 U.S.C. § 203(m). California prohibits any tip credit against the minimum wage under Cal. Lab. Code § 351.
Split shifts and short breaks
Breaks of about 20 minutes or less are paid under 29 C.F.R. § 785.18, and California owes a split shift premium under IWC Wage Order 5-2001 § 4(C).
Facts that usually decide these cases
- Required overnight presence on property
- Sleep-time deductions from paid hours
- Service charges excluded from the overtime rate
- Split shifts without premium pay
Weighed together under the framework of Owens v. Local No. 169, 971 F.2d 347 (9th Cir. 1992): Geographic restriction — how far you may travel while on call; Response time — how many minutes you have to answer or arrive; Call frequency — how often the phone actually rings; Personal interference — what the rotation stops you from doing; Trade or refusal rights — whether you can hand the shift off.
Frequently asked questions
- I sleep in a hotel room to cover the night. Is that paid?
- Generally yes: on-premises waiting is hours worked under 29 C.F.R. § 785.15, and sleep may be excluded only within the limits of 29 C.F.R. § 785.22.
- Can my employer count tips toward my minimum wage?
- Federally a limited tip credit exists under 29 U.S.C. § 203(m), but California prohibits it entirely under Cal. Lab. Code § 351.
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