What Are the On Call Scheduling Laws in California?

Those who are protected by on call scheduling laws in California may not realize that they are entitled to receive pay even if they are not called in to work their scheduled shift. Alleged violations of these laws have led to investigations and lawsuits in California, Oregon, seven other states, and the District of Columbia. Workers who are affected are usually those in low-paid occupations, such as fast food and retail. On call scheduling forces these workers to give up their time and remain available for a shift that they may or may not actually work.

What these workers may not know is that if they are expected to be on call, they are legally entitled to be paid for that time, regardless of whether or not they have to work their shift.

What Do On Call Scheduling Laws in California Do?

These statutes require employers to pay their employees for no less than two hours of reporting time whenever they are required to be “on call” – in other words, when they must be near a phone and ready to report for work if their employer requires it. They cannot schedule appointments or other activities, yet may not be called into work at all, meaning that that time belongs to their employers, yet they are not compensated for it.

On call scheduling laws in California, Oregon and other states make certain that these workers are fairly compensated for all time that they required to be available.

Why Have On Call Shifts at All?

On call shifts are a way for fast food restaurants and retailers to save on their labor costs. They result in a great deal of inconvenience for workers, because while they are “on the clock,” they are not paid for this time. This has been changing as state courts have been forcing employers to give their workers “reporting time pay” for those situations in which they are expected to be on call.

How Have State Laws Changed?

In fact, the laws have been in place – they simply have not been enforced. For example, on call scheduling laws in California are covered under Wage Order 7. In the past, this provision of the law has been open to interpretation. For example, in a recent lawsuit brought by the employee of a clothing store, the defendant, Tilly’s, argued that employees “report to work” only when they actually show up in person at the beginning of their scheduled shift and are only then entitled to pay.

What Did The Court Say?

While a lower court ruled in favor of the defendant, that ruling did not survive the appeal. In February, 2019, the California Court of Appeal, Second District ruled 2 to 1 that “On-call shifts burden employees, who cannot take other jobs, go to school, or make social plans during on-call shifts — but who nonetheless receive no compensation from Tilly’s unless they ultimately are called in to work.” The court noted that this practice was abusive and that the state’s reporting time pay requirement was instituted specifically to prevent such abuses.

The On Call Scheduling Lawsuit was Ward v. Tilly, Case No. B280151 in the Superior Court for the County of Los Angeles.

Join a Free On-Call Shift Lawsuit Investigation

If you work or are scheduled for on-call shifts in retail or fast food in Oregon or California, you may qualify for this on-call worker class action lawsuit investigation.

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This article is not legal advice. It is presented
for informational purposes only.