News & Analysis as of

Work Schedules On-Call Employees Call-In Pay

Constangy, Brooks, Smith & Prophete, LLP

Phone call triggers employer's "reporting pay" obligations: California Snapshot 

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

McGuireWoods LLP

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

McGuireWoods LLP on

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

Saul Ewing LLP

New York State Cancels Predictive Scheduling Regulations

Saul Ewing LLP on

On March 1, 2019, the New York State Department of Labor announced its withdrawal of proposed predictive scheduling regulations, which comes as a relief to businesses state-wide. Two years ago, the Department announced its...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Department of Labor Abandons Proposed Predictive Scheduling Rule

In November 2017, the New York State Department of Labor (NYSDOL) issued a proposed predictive scheduling rule that would have imposed various call-in pay requirements when shifts are scheduled or cancelled on short notice or...more

Tarter Krinsky & Drogin LLP

They're Out! New York Department Of Labor Tosses Proposed "Call-In Pay" Regulations Following Public Outcry

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

Davis Wright Tremaine LLP

NYSDOL Withdraws Its Proposed Regulations Relating to Predictive Scheduling

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

Weintraub Tobin

Do California Employers Have Any Scheduling Flexibility Options Left?

Weintraub Tobin on

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

Fox Rothschild LLP on

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,...

BakerHostetler on

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

Bond Schoeneck & King PLLC

New York State Department of Labor Drops Proposal Regarding Call-In Pay . . . For Now

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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Buchalter

Your “On-Call” Scheduling Policy May Trigger Reporting Time Pay For Employees In California

Buchalter on

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

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

Fox Rothschild LLP

Beware Of On-Call Shifts In California

Fox Rothschild LLP on

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court of Appeal Identifies Triggers for Reporting Time Pay Obligation

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

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

Fisher Phillips

California Court Ushers In Sweeping Changes For Scheduling Policies

Fisher Phillips on

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"

Harris Beach PLLC on

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

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