Are you paying overtime in compliance with recent rulings?
If your company’s employees are working overtime to help you achieve a profitable bottom line, you’re in a…
California On-Call Workers Entitled to Pay even when not Scheduled to Work
The Second Appellate District of California held that the retail employees who had to “call-in” 2 hours before their scheduled shift to find out if they have to report to work were entitled to “reporting time pay”.
The California Court of Appeal n February 4, 2019, issued their majority and dissenting opinion in Ward v. Tilly’s, Inc. It appears to be a precedent-setting ruling in California, holding that an employee scheduled for an on-call shift may be entitled to certain wages for that shift despite never physically reporting to work. Each of California’s Industrial Welfare Commission (“IWC”) wage orders requires employers to pay employees “reporting time pay” for each workday.
Implication for Employers
California employers are bound by the Appellate Court decision and should review and if needed revise their reporting policies accordingly to avoid liability.
Edited by: Shreya Bhattacharya