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No. Being "available" for communication does not constitute on-call time that you have to be paid. Rather, ultimately it's about control and whether or not you're generally able to do your own things, etc... An employee who is required to remain on his or her employer’s premises or so close thereto that he or she cannot use the time effectively for his or her own purposes is working while on-call.
Whether hours spent on-call is hours worked is a question of fact to be decided on a case-by-case basis. All on-call time is not necessarily hours worked. On-call situations vary. Some employees are required to remain on the employer's premises or at a location controlled by the employer. One example is a hospital employee who must stay at the hospital in an on-call room. While on-call, the employee is able to sleep, eat, watch television, read a book, etc. but is not allowed to leave the hospital. Other employees are able to leave their employer's premises, but are required to stay within so many minutes or so many miles of the facility and be accessible by telephone or by pager. An example of this type of employee is an apartment maintenance worker who has to carry a pager while on call and must remain within a specified number of miles of the apartment complex.
All of the time during which you are on duty on the employer's premises or at another assigned workplace, as well as all other times during which you are suffered or permitted to work for the business, is generally hours worked. But if you're able to do your own thing, and need to answer when called, that's not time that has to be compensated (I'm sorry to say).
I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.
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