Daily Journal Article Discusses Eight Class Action Lawsuits Filed by Patrick McNicholas Regarding On-Call Scheduling
The Daily Journal article, “Defense lawyers concerned about on-call scheduling litigation wave” discusses eight of the nine separate class action lawsuits filed by Partner Patrick McNicholas and Associate Attorney Michael Kent against mall staples, such as Gap, Inc. and Abercrombie & Fitch Co., for not paying employees for time spent reporting to work. Mr. McNicholas comments on this new form of wage theft and how these lawsuits seek compensation for employees who deserve pay for both showing up and calling in, since they schedule their lives around whether their employer wants them to work.
California is one of eight states with a reporting time pay law. The law states that an employee shall be paid for each workday they report to work, even if they do not work once they report. These lawsuits, which are premised on past reporting time pay violations, could cost retailers significant monetary losses and have spurred a nationwide response.
In the last few months alone, six retailers have each announced they will suspend on-call scheduling.