Maintenance Technician Rights in California: On-Call and Overtime

Most maintenance technicians in California are covered by Wage Order 5, which gives you daily overtime after 8 hours, at least two hours of pay for many same-day call-backs, employer-provided tools unless you earn at least twice the minimum wage, and reimbursement for the phone, miles and supplies you use on the job. A “maintenance supervisor” title rarely makes you exempt from overtime, and an apartment that comes with the job can count toward your pay only under strict rules.

This guide is for maintenance techs, make-ready techs, building engineers and porters who repair and maintain apartment communities, office buildings and other rental properties. If you are the on-site or resident manager, our apartment manager guide covers your hours, on-call duties and housing in depth. Janitors should read our janitor guide, and techs who work for an HVAC or plumbing service company should see our HVAC and plumbing tech guide.

1. Which wage rules apply to maintenance technicians?

Wage orders are assigned by your employer’s industry first. Wage Order 5, the public housekeeping order, lists “apartment houses,” “office or loft buildings, and similar establishments offering rental of living, business, or commercial quarters,” and “establishments contracting for development, maintenance or cleaning of grounds; maintenance or cleaning of facilities and/or quarters of commercial units and living units.” The Labor Commissioner’s industry guide places property management companies under Order 5 and says the order covers every classification of employee in an Order 5 business.

• Other employers: If you maintain a factory, a store or a warehouse for the company that runs it, that industry’s order usually applies instead. See our wage orders guide.
• Public employers: If a city, county or housing authority employs you, the order mostly does not apply. Section 1(C) of Order 5 keeps only sections 1, 2, 4, 10 and 20 for government employees.

Minimum wage and overtime

The state minimum wage is $16.90 an hour in 2026 and $17.40 from January 1, 2027. Many cities set a higher rate; check our minimum wage by city page. Under Order 5 and Labor Code 510, overtime is:

• 1.5 times your regular rate after 8 hours in a workday, after 40 hours in a workweek, and for the first 8 hours on the seventh consecutive workday.
• Double time after 12 hours in a workday and after 8 hours on the seventh consecutive workday.

Why “maintenance supervisor” usually isn’t exempt

To be exempt as an executive under Order 5, you must manage the business or a recognized department, regularly direct two or more employees, have real input on hiring and firing, regularly use discretion and independent judgment, and spend more than half your work time on exempt duties. You must also earn a monthly salary of at least twice the state minimum wage for full-time work: $70,304 a year in 2026 and $72,384 in 2027. A lead tech who spends most of the day fixing units, even with a crew, usually fails the “more than half” test. See how the duties test works.

💡 Example: A tech earning $26 an hour works 9 hours a day Monday through Friday, then 5 hours on Saturday to finish unit turns. That’s 50 hours. He is owed 5 hours of daily overtime (1 each weekday) plus 5 weekly overtime hours for Saturday, because his straight-time hours already reached 40. Pay: 40 × $26 = $1,040, plus 10 × $39 = $390, for $1,430. (Hypothetical.)

By the numbersTwo hours

2. Emergency calls, on-call nights and call-backs

Burst pipes and no-heat calls don’t wait for business hours. Whether that time is paid depends on how tightly the employer controls you.

When on-call time is work time

Order 5 defines hours worked as time you are “subject to the control of an employer,” including all time you are suffered or permitted to work. The Labor Commissioner’s guidance on standby time says:

• On-site on-call: If you must stay at the property waiting for calls, that time is hours worked, even if nothing happens.
• Off-site on-call: It depends on the restrictions. The factors include how far you can go, how often calls come in, whether you must respond within a fixed time, whether you can easily trade on-call duty with a coworker, and whether you can really do personal things while on call.

Even when on-call time itself is unpaid, time spent answering a call, troubleshooting by phone, driving between properties and doing the repair is work time, and it counts toward daily overtime.

Call-backs: the two-hour minimum

Under Order 5, section 5(B), if you are required to report to work a second time in one workday and get less than two hours of work, you must be paid for two hours at your regular rate. The rule does not apply if you were on paid standby and were called in outside your scheduled reporting time (section 5(D)). Our guide to reporting time and split-shift pay explains the related rules. A split-shift premium is not owed if you live at the place where you work (section 4(C)).

💡 Example: A tech paid $28 an hour works a 6-hour Saturday shift and goes home. At 9 p.m. he’s called back for a leak and fixes it in 45 minutes. He isn’t on paid standby. Instead of 0.75 × $28 = $21 for the call-back, he is owed 2 hours: 2 × $28 = $56. (Hypothetical.)

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3. Tools, phones, vehicles and supplies

• Tools: When tools or equipment are required by the employer or necessary to do the job, the employer must provide and maintain them (Order 5, section 9(B)). The one exception: if you earn at least twice the state minimum wage ($33.80 an hour in 2026; $34.80 in 2027), you can be required to provide and maintain the hand tools and equipment customarily required by your trade.
• Phone, miles and parts: Labor Code 2802 requires your employer to reimburse necessary work expenses. That includes a personal phone you use for work orders and resident calls, driving your own car between properties, and parts or supplies you buy for a repair. For phone and home costs, see our cell phone reimbursement guide; for driving, see mileage reimbursement. Many employers use the IRS business rate, which was 72.5 cents a mile for the first half of 2026 and 76 cents from July 1, 2026.
• Uniforms: If a uniform is required, the employer must provide and maintain it (section 9(A)).
• Lost keys and broken tools: Your employer can’t deduct from your pay for breakage or loss of equipment unless it resulted from a dishonest or willful act or gross negligence (section 8), and never for normal wear and tear (section 9(C)). See Labor Code 221 on employers taking back wages.

4. Employer housing and rent offsets

Many techs live on the property. Three rules matter:

• Counting the unit toward minimum wage. Lodging can be credited against the minimum wage only under a voluntary written agreement (Order 5, section 10(C)). For 2026, the credit for an apartment is capped at two-thirds of its ordinary rental value and no more than $954.43 a month, or $1,411.85 a month when a couple both work for the employer (MW-2026). DIR had not published the 2027 credits as of October 31, 2026. No credit is allowed for lodging you don’t use (section 10(D)).
• Rent taken from your paycheck. Any deduction must fit the rules in Labor Code 224, including written authorization where it applies.
• When the job ends. If you moved in as an employee and the job ends, the owner can bring an unlawful detainer (eviction) case under Code of Civil Procedure 1161(1). Our apartment manager guide covers employee housing in more detail.

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5. Pay problems we see in this job

Practice	Is it legal?	Law
Salaried “maintenance supervisor” who mostly does repairs, paid no overtime	Likely misclassified. Exempt duties must take more than half your time.	Order 5 §1; LC 515
Flat rate per unit turn with nothing extra for breaks or waiting time	No. Piece-rate workers must be paid separately for rest periods and nonproductive time, shown on the pay stub.	LC 226.2
Unpaid time handling resident calls or texts after hours	Generally no. Time spent working counts as hours worked.	Order 5 §2(M)
Call-back for a 30-minute repair paid as 30 minutes	Often no. A second reporting in one workday with less than 2 hours of work is paid as 2 hours, unless you were on paid standby.	Order 5 §5(B), (D)
Required to buy your own tools while earning under twice the minimum wage	No	Order 5 §9(B)
Personal phone and car used for work, never reimbursed	No	LC 2802
Deduction for a lost master key or damaged tool	Not unless dishonest, willful or grossly negligent	Order 5 §8
Missed meal break because of an emergency call, no premium	No. You’re owed one extra hour of pay at your regular rate.	LC 226.7

If a staffing agency placed you at the property, the property company may share responsibility for unpaid wages; see Labor Code 2810.3.

By the numbers$33.80

6. Safety, injuries and workers’ comp

Ladders, electrical panels, pool chemicals and attics make maintenance work risky. Key rules:

• Heat: Indoor heat rules apply to indoor work areas at 82°F or more, which can include boiler rooms and attics (8 CCR 3396). Outdoors, you are entitled to water (one quart per hour for the shift) and shade when it’s above 80°F, and you can take a cool-down rest whenever you need one (8 CCR 3395). See heat illness rights.
• Workplace violence: Since July 1, 2024, most employers must have a written workplace violence prevention plan, and the law covers employer-provided housing (Labor Code 6401.9). Some workplaces with fewer than 10 employees that aren’t open to the public are exempt.
• Unsafe work: You can’t be laid off or fired for refusing work that would violate a safety standard and create “a real and apparent hazard” to you or coworkers (Labor Code 6311).
• Injuries: Report a work injury in writing within 30 days (Labor Code 5400), ask for the claim form (Labor Code 5401) and file within one year (Labor Code 5405). Back, shoulder and knee injuries can build up over time; see cumulative trauma claims. If a defective ladder or a contractor’s negligence caused the injury, you may also have a claim against that third party (Labor Code 3852).

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7. Retaliation, discrimination and leave

Protected activity	Protection	Law
Complaining about unpaid wages, on-call pay or expenses	No discharge or retaliation for wage complaints	LC 98.6
Reporting code, habitability or other legal violations to a government agency or supervisor	Whistleblower protection	LC 1102.5
Raising a safety complaint	No discharge or discrimination	LC 6310
Refusing work that creates a real and apparent hazard	No layoff or discharge; lost wages	LC 6311
Filing a workers’ comp claim	No discrimination for a work injury or claim	LC 132a
Using paid sick leave	No retaliation	LC 246.5
Threatening to contact immigration authorities because you asserted your rights	Unfair immigration-related practice	LC 1019
Reporting harassment or discrimination, requesting accommodation or leave	FEHA and CFRA	Gov. Code 12940

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8. What you can recover and deadlines

Claim	What you can recover	Deadline
Unpaid wages, overtime, call-back pay	Wages plus interest; attorney’s fees in many cases	3 years (4 with an unfair competition claim)
Final pay paid late	Waiting-time penalty of a day’s wages for each day late, up to 30 days (LC 203)	Same as the wage claim (LC 203(b))
Inaccurate pay stubs (LC 226)	$50 for the first pay period and $100 for each later one, up to $4,000 (LC 226(e))	1 year (Code Civ. Proc. 340)
Unreimbursed expenses	Expenses plus interest and attorney’s fees (LC 2802)	Generally 3 years
PAGA civil penalties	Penalties shared with the state; notice to the LWDA first (LC 2699.3)	1 year
Retaliation complaint to the Labor Commissioner	Reinstatement, lost wages	1 year (LC 98.7)
FEHA discrimination or retaliation	Lost pay, emotional distress damages, attorney’s fees	3 years to file with the Civil Rights Department
Workers’ comp	Medical care, temporary and permanent disability	Notice within 30 days; claim generally within 1 year

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9. What to do now

1. Log every call: when it came in, when you started and finished, and miles driven. Screenshot work-order app history.
2. Save pay stubs, texts and on-call schedules, including any rule about how fast you must respond.
3. Keep receipts for tools, parts and phone bills, and submit them in writing.
4. Request your personnel file and payroll records (Labor Code 1198.5 and 226(b)).
5. Report injuries in writing within 30 days and ask for the claim form.
6. Get a free case review. Employees First Labor Law works exclusively for workers and offers free virtual consultations.

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Frequently asked questions

Do maintenance techs get paid for being on call in California?

If you must stay at the property, yes. If you can be at home, it depends on how restrictive the on-call rules are, such as response-time limits and call frequency. Time spent actually handling calls and repairs is work time.

Can my employer make me use my own tools?

Only if you earn at least twice the state minimum wage ($33.80 an hour in 2026), and then only for the customary hand tools and equipment of your trade. Otherwise, the employer must provide and maintain them.

Are maintenance supervisors exempt from overtime?

Usually not. You must spend more than half your time managing, regularly direct at least two employees, meet the other executive tests and earn at least $70,304 a year in 2026. Doing repairs most of the day defeats the exemption.

Does a free or discounted apartment count as part of my pay?

It can count toward minimum wage only under a voluntary written agreement and up to the credit cap: two-thirds of the ordinary rental value, no more than $954.43 a month in 2026.

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Laws this guide relies on

Law	What it does	Link
IWC Wage Order 5 §§1, 2, 4, 5, 8, 9, 10	Coverage, exemptions, call-back pay, deductions, tools, lodging credits	Wage Order 5
Labor Code 510, 515	Daily and weekly overtime; exemptions	Labor Code 510
Labor Code 2802	Expense reimbursement	Labor Code 2802
Labor Code 226.2	Piece-rate rest and nonproductive time	Labor Code 226.2
Labor Code 221, 224	Wage kickbacks and deductions	Labor Code 224
Labor Code 6310, 6311, 6401.9	Safety complaints, refusing unsafe work, workplace violence plans	Labor Code 6311

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Sources

• DIR, IWC Wage Order 5 (Rev. 11/2025) and Minimum Wage Order MW-2026
• Labor Commissioner, “Which IWC Order?” classifications guide
• Labor Commissioner, Call Back and Stand By Time
• DIR News Release 2026-66 (2027 minimum wage) and DIR News Release 2026-60 (mileage rate)
• Labor Code 2802, 226.2, 224, 226, 203, 98.7, 6311 and 6401.9 (california.public.law mirror)
• Code of Civil Procedure 1161 (california.public.law mirror)
• 8 CCR 3395 (outdoor heat) and 8 CCR 3396 (indoor heat)
• Civil Rights Department, complaint process

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