California On-Call Shift Workers Require Compensation, Court Rules

A California State Appeals Court has recently ruled that California on-call shift workers are entitled to “reporting time pay” for days that they are required to be on call but are not called in to work.

California On-Call Shift Lawsuit

A recent California lawsuit against retail store Tilly’s claims that the retailer required employees to check in two hours prior to the scheduled start of their shift. At this point of contact, employees would be told whether or not they were required to come in to work for their shift that day. Employees who were on call but were not required to appear for their shifts were not compensated for the time spent on call. The lawsuit against Tilly’s claims that this policy is unfair and harmful to California on-call shift workers, as it disrupts their lives and does not allow for financial stability.

Employees who are on call but are not called in to work are unable to make appointments, attend classes, make social plans, or find other work. However, despite these limitations, many employees are not compensated for the time they are required to be available for work. This may change for many California on-call shift workers after the recent state appeals court ruling.

Reporting Time Pay Ruling

According to the state appeals court, the phrase “appearing for work” may be interpreted to include employees who call in to work prior to the start of their shift. While many employers claim that employees can only appear for work in person, and that employees whose shifts are cancelled do not qualify for compensation, the recent ruling states that calling in may also count as appearing for work. Under this interpretation, employees may be entitled to compensation for this time.

The state appeals court ruled in favor of California on call shift workers by confirming that these employees are covered by California Wage Order 7. Wage Order 7 requires employers to pay employees a portion of their wages on days that the employee is required to be on call, even if they are never called in. This “reporting time pay” is not governed by explicit rules regarding how much employees are owed, but according to the court, California employees are still owed a percentage of their wages.

Who is Affected?

Many retailers, fast food companies, and other part-time jobs use on-call scheduling to assign shifts to employees. The benefit of on-call scheduling for employers is that they only have to pay for the number of employees that they require on a given day. However, this type of scheduling makes it difficult for employees to find other work, schedule appointments, plan for childcare needs, rely on a steady income, and make social plans. The people most often affected by on-call scheduling are generally low income, meaning that this practice preys on financially-vulnerable workers.

While other states have not yet changed their laws to protect on call shift workers, employees in California and Oregon may be protected by their states’ laws. If you are an Oregon or California on-call shift worker who has not been compensated by your employer for time that you were required to be on call, you may be eligible to hire an attorney and file a class action lawsuit. Victims of on-call scheduling who file lawsuits may be able to pursue damages including reimbursement and loss of wages.