Some employers are running afoul of the law by ordering on call shifts in California that are unpaid.

Under California law, any worker who is on call to the extent of being under the control of the store and unable to do their own private endeavors should be paid for that on call time.

Forever 21 Faces Allegations

Fed up with reporting to work and then being sent home, a former Forever 21 employee is the latest to file a lawsuit alleging illegal practices of on call shifts in California.

Raalon K. said when she was a Forever 21 sales clerk, the company required employees to be on call for shifts. An on call employee would be made to report to work, but be sent home without performing any work. Under California law, that person should be paid.

“In reality, these on-call shifts are no different than regular shifts, and Forever 21 has misclassified them in order to avoid paying reporting time in accordance with applicable law,” Raalon said.

BCBG Under Fire As Well

BCBGMaxAzria Group LLC has been hit with a suit by Robynette R. who is seeking class action status on behalf of fellow workers. She alleges that BCBG required employees to report for on call shifts and asked not to work, but were not paid for being there.

“This class action on behalf of BCBGMaxAzria Group LLC retail store employees challenge[s] a new form of wage theft — the practice of scheduling employees in retail stores for ‘on-call’ shifts but failing to pay the employees required reporting-time pay,” she said.

According to California law, on call shifts in California spent at the work site are considered time worked even if the employee does nothing but wait for something to happen. The employee must be compensated at the employee’s regular rate of pay.

On Call Shifts in California

Wage and hour laws
that are particular to California are governed by the State of California’s Department of Industrial Relations, Division of Labor Standards Enforcement. They define whether or not on call shifts in California are considered compensable if the time is spent off the work site depends upon several factors, including:

• Whether or not there are geographic restrictions on the employee’s movements
• Whether the frequency of work calls is unduly restrictive
• Whether a fixed time limit for the employee’s response to calls is unduly restrictive
• Whether the on call employee can easily trade on-call shifts wit another employee
• Whether and to what extent the employee engages in personal activities during on call shifts

Lawsuits Over On Call Shifts in California

Other retailers are under the microscope for neglecting to pay on call shift work. The Gap and its subsidiaries, PacSun, and Tilly’s are all accused of making employees report to their stores for on call shifts in California and not paying them for this time.

If you are an employee in California that has dealt with on call employment inequalities, or if your employer has otherwise violated FLSA, you may be eligible to file an on call scheduling lawsuit.

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