Employees can be held accountable for not complying with an employer’s call-in notice requirement, even when the Family Medical Leave Act (FMLA) may apply. In Koch v. Thames Healthcare Group, LLC, the employer had an...more
This month’s key California employment law cases involve reporting time pay and potential liability of payroll companies for wage and hour violations. ...more
What is "reporting for work" that triggers a retail employer's reporting pay obligations? According to the California Court of Appeal, a simple phone call will do the trick. The court's recent decision in Ward v. Tilly’s,...more
On Feb. 4, 2019, the California Court of Appeal decided Ward v. Tilly’s, Inc., holding that employers must provide “reporting time pay” when requiring employees to call in prior to a potential shift to learn whether they must...more
New York employers have one less administrative headache to deal with - at least, for now. The New York State Department of Labor (DOL) has announced that, as of March 1, 2019, it will not implement proposed regulations...more
In January 2018, we issued an advisory relating to the New York State Department of Labor (the “NYSDOL”) proposed regulations regarding predictive scheduling that would have revised the “call-in” pay requirements of the...more
Scheduling employees is becoming more difficult for employers, and the State seems to be hurtling toward predictive scheduling laws. Last month, my partner Lukas Clary blogged about the recent California Supreme Court...more
The New York State Department of Labor (NYDOL) announced that, at this time, it is no longer going to pursue regulations to the Miscellaneous Industries Wage Order that would have required “call-in pay” or “on-call”...more
When a California employee is scheduled for an on-call shift and company policy requires her to call in two hours beforehand to see whether she must work that shift, is that employee “reporting for work” even if that employee...more
The New York State Department of Labor announced recently that it does not intend to implement its proposed regulations that would have imposed burdensome requirements on employers to provide call-in pay to employees under a...more
The New York State Department of Labor (NYSDOL) is no longer pursuing regulations on “call-in pay,” or predictive scheduling, that would affect most New York employers....more
The California Second District Court of Appeal recently rendered a decision with respect to “reporting time pay” that significantly impacts California employers who use on-call schedules. The Court held that employees need...more
On February 4, 2019, a California Court of Appeal ruled in Ward v. Tilly's that an employer must pay reporting time pay to employees who are required to call in two hours before a potential shift to learn whether they are...more
What is considered “work time” that requires pay? Well, that definition keeps on getting broader for California employers. Can you let individuals “volunteer” and provide comps/trade for their time? No....more
Figuring out how many employees to schedule each day can be an inexact science. Unexpected surges or lulls in customers, employee absences due to illness or emergencies, and various other circumstances can impact personnel...more
A California court has held that employees required to call their employers before a shift to determine whether they are assigned to work may be entitled to reporting time pay on days when they are not actually put to work....more
In a ruling that will have a significant impact on the retail and restaurant industries, among others in California, the California Court of Appeal ruled that a retail employer’s call-in scheduling policy—in which employees...more
On February 4, 2019, a divided panel of the California Court of Appeal held in Ward v. Tilly’s, Inc., No. B280151, that employees scheduled for “on-call” or “call-in” shifts may be entitled to reporting time pay, even when...more
• The California Court of Appeal recently expanded the application of reporting time pay to certain types of “on-call” shifts. • If an employer requires an employee to call in or otherwise contact the employer to find out...more
A California Court of Appeal just announced a sweeping change in California’s reporting time pay rules which now prohibits a common scheduling practice used by employers throughout the state (Ward v. Tilly’s, Inc.). Tuesday’s...more