Partner Patrick McNicholas’ landmark appellate reversal in Ward v. Tilly’s et al. has been recognized in Daily Journal’s Top Verdicts supplement among the Top 5 Appellate Reversals in California for 2019.
Tilly’s, like many other retail companies using “on call” scheduling, requires employees to be available before the start of a possible work shift — phoning their employer two hours before the shift to learn whether they’re needed — but denies them pay for that two-hour period. In the landmark appellate court 2-1 decision of first impression against Tilly’s, the 2nd District Court of Appeals in Los Angeles ruled that on-call employees are entitled to “reporting time pay” as soon as they are required to report for work, including reporting in to an employer over the phone, regardless of whether they’re called in to work.
“It’s robbing them of their pay and their time because it forces them to block out a day or half their day, and then be told at the last minute that they’re not needed,” said McNicholas in his interview with Daily Journal. “It was only fair that they be compensated as the law was intended.”
The appellants’ attorneys include Patrick McNicholas and Michael J. Kent of McNicholas & McNicholas LLP; Richard K. Bridgford and Michael Artinian of Bridgford, Gleason & Artinian; Andrew N. Chang and Holly N. Boyer of Esner Chang & Boyer; and Scott H. Sims of Frank Sims & Stolper LLP.
Published on February 19, 2020, Daily Journal’s annual Top Verdicts supplement recognizes the largest and most significant verdicts and appellate reversals in California.