News & Analysis as of

Wage Orders On-Call Employees

Ervin Cohen & Jessup LLP

Employer Alert: Expansion of Reporting Time Pay Rule

A recent California Court of Appeal ruling significantly expands the conditions under which the reporting time pay rule in California will apply.  Skylar Ward v. Tilly’s, Inc. involved retail clothing store workers who were...more

McGuireWoods LLP

Calif. Employees Can Dial for Dollars Under Employers’ On-Call Scheduling Policies

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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

Weintraub Tobin

Do California Employers Have Any Scheduling Flexibility Options Left?

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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

Fox Rothschild LLP

NY Department Of Labor Shelves Proposed Scheduling Regulations

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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

BakerHostetler

Employees Calling In to Work Before a Scheduled On-Call Shift Are "Reporting for Work" and Entitled to Reporting Time Pay,...

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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

Jackson Lewis P.C.

New York Labor Department No Longer Pursuing Call-In Pay Regulations

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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

Davis Wright Tremaine LLP

California Court of Appeal Expands Reporting Time Pay to Include Employer's Call-In Policy

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

Farella Braun + Martel LLP

California Court Finds Shift Call-Ins May Trigger Reporting Time Pay

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

Seyfarth Shaw LLP

Is “Calling It In” Really “Reporting For Work”?

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Seyfarth Synopsis: Traditionally, “report for work” has meant physically showing up at the jobsite, ready to work. ...more

Lewitt Hackman

Wage Orders a Real “Tilly” for Employers

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Last week a California Court of Appeal’s decision concerning the “reporting time pay” wage order rule joined a growing line of other wage order litigation – such as those complaints regarding suitable seating, or rest...more

Payne & Fears

California Court of Appeal Expands Reporting Time Pay Requirements for On-Call Shifts

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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

Akin Gump Strauss Hauer & Feld LLP

California Case Expands Reporting Time Pay Requirements

• 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

Sheppard Mullin Richter & Hampton LLP

Ward v. Tilly’s, Inc.: California Employers Should Dial Back On-Call Shift Policies

On February 4, 2019, the California Court of Appeal, Second District issued a 2-1 decision in Ward v. Tilly’s, Inc. in which it held employees must be given “reporting time pay” under Wage Order No. 7-2001 when an employer...more

Fisher Phillips

California Court Ushers In Sweeping Changes For Scheduling Policies

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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

Harris Beach PLLC

Department of Labor Releases Revised Rules For Employee Scheduling and "Call-in Pay"

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Revised rules from the New York State Department of Labor (“NYSDOL” or the “Department”) would impact many employers by expanding those situations for which an employee must receive "call-in pay." ...more

Davis Wright Tremaine LLP

NYSDOL Proposes New Regulations Relating to an Employee’s Entitlement to Call-In Pay

In January 2018, we issued an advisory regarding proposed regulations from the New York State Department of Labor (the “NYSDOL”) revising the “call-in” pay requirements of the Minimum Wage Order for Miscellaneous Industries...more

Davis Wright Tremaine LLP

NYSDOL Proposes Regulations Enhancing an Employee’s Entitlement to Call-In Pay

The New York State Department of Labor (the “NYSDOL”) has proposed regulations revising the “call-in” pay requirements of the Minimum Wage Order for Miscellaneous Industries and Occupations (“Wage Order”). Covered employees...more

Cozen O'Connor

I-14: Update on EEO-1 and I-9 Forms, Employer Obligations After a Hurricane or Other Natural Disaster, and Attorney Jason Barsanti...

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Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, provides an update on required EEO-1 and I-9 Forms, and addresses Employer Obligations to Employees After a Hurricane or Other Natural Disaster....more

Orrick - Employment Law and Litigation

Not Providing Compliant Rest Breaks in California Could Break the Bank – New Clarifications from the State’s High Court

Recently, in Augustus v. ABM Security Services, Inc., the California Supreme Court upheld a $90 million award of statutory damages, interest, and penalties against an employer who required employees to remain on-call during...more

Nossaman LLP

California Supreme Court: California Prohibits On-Duty And On-Call Rest Periods

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Augustus v. ABM Security Services, Inc. On December 22, 2016, the California Supreme Court in Augustus v. ABM Security Services, Inc., ruled that California law prohibits on-duty and on-call rest periods. You may...more

Seyfarth Shaw LLP

Ninth Circuit Poised to Say “Call Me, Maybe”

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Seyfarth Synopsis: The Ninth Circuit has suggested it might upset longstanding “on call” practices by making California employers liable for “reporting time” pay to employees who phone in ahead of their schedule, only to find...more

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