Are California Employees Protected from 24/7 On-Call Requirements?

Dusty Coupwood, a former senior social media analyst and content creator for People for the Ethical Treatment of Animals (PETA), filed a lawsuit alleging illegal employment practices related to continuous on-call requirements in alleged violation of California Labor Laws.

The Case: Dusty Coupwood v. People for the Ethical Treatment of Animals, Inc.

The Court: Los Angeles County Superior Court

The Case No.: 25STCV12374

The Plaintiff: Dusty Coupwood v. People for the Ethical Treatment of Animals

Dusty Coupwood began his employment with PETA in March 2020, fulfilling a role demanding substantial responsibility as a senior social media analyst and content creator. According to Coupwood, he was expected to comply with PETA's rigorous 24/7 on-call policy that mandated constant availability and frequent engagement with work tasks beyond standard work hours. According to the plaintiff, the policy resulted in Coupwood putting in from 55-60 hours per week. Despite the excessive hours, Coupwood claims that he was only compensated for time actively spent on tasks, which resulted in significant unpaid wages (regular and overtime).

The Defendant: Dusty Coupwood v. People for the Ethical Treatment of Animals, Inc.

The defendant, commonly called PETA, is known globally for its animal rights advocacy. However, in this instance, the group finds themselves accused of bad behavior, or more specifically, violating various California labor laws. Allegations brought forward by Coupwood detail that PETA's employment policies required constant employee availability and participation in work tasks without adequate compensation, neglected meal and rest breaks, and engaged in retaliatory behaviors against employees who challenged these practices or sought unionization.

The Case: Dusty Coupwood v. People for the Ethical Treatment of Animals, Inc.

Filed on April 28, 2025, in the Los Angeles County Superior Court, this lawsuit highlights critical issues regarding employer obligations under California labor laws. Coupwood's claims include unpaid wages and overtime, denial of meal and rest periods, inadequate expense reimbursement, and retaliation resulting in wrongful termination. Other employees also filed wage and hour complaints against PETA. After the series of complaints were filed, PETA allegedly terminated several employees involved, creating what the plaintiff describes as a hostile work environment that forced him to resign in July 2024. PETA denies the allegations, asserting that Coupwood's claims lack merit and vowing to vigorously contest the lawsuit.

Can Employers in California Require Employees to be “On Call” 24/7?

Employers in California may require employees to be on-call; however, specific conditions must be met:

  • Employees must receive compensation for on-call time if restrictions significantly limit their personal activities.

  • An employer is required to pay employees overtime wages for any hours they work over 40 in one work week.

  • Employers must ensure compliance with mandated meal and rest breaks, even during on-call periods.

Violating labor law can lead to significant legal consequences, as demonstrated by Coupwood's claims against PETA.

If you need to discuss filing a wage and hour complaint, contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced and knowledgeable employment law attorneys are ready to assist you at one of their various law firm offices in Riverside, San Francisco, Sacramento, San Diego, Los Angeles, and Chicago.