In a 2-1 decision against retail clothing store Tillys, the Second District Court of Appeal in Los Angeles ruled that “on-call” employees are entitled to “reporting time pay” as soon as they are required to report for work. The Recorder, Yahoo Finance, Law360, San Francisco Chronicle and SF Gate turned to Partner Patrick McNicholas and Associate Michael Kent to discuss their recent win and its impact.
“The ruling is ‘a great victory for employees,’” commented McNicholas.
Kent noted that this ruling “gives employees more flexibility in their scheduling.”
Tillys, like many other companies using “on call” scheduling, require 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 have been denied pay for that two-hour period.
McNicholas and Kent represented a sales clerk in her lawsuit against Tillys for being denied pay for time spent on call. In its February 4, 2019 decision, the appeals court ruled that on-call employees are protected by a 1943 California Industrial Welfare Commission wage order, still in effect, that entitles employees 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.
The case has been remanded back to a lower court for further proceedings.
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