California Appellate Court Holds Employees Required to Call In Are Entitled to Reporting Pay
03/07/19
Author: ADP Admin/Monday, March 4, 2019/Categories: California
California Appellate Court Holds Employees Required to Call In Are Entitled to Reporting Pay
Overview: A recent decision by a California Court of Appeals held that where an employee is required to call in – but not physically report to work - two hours before the start of a shift to determine whether they needed to report to work, that employee is entitled to be paid reporting pay.
Effective Date: February 4, 2019
Details:
A recent decision by a California Court of Appeals held that where an employee is required to call in – but not physically report to work - two hours before the start of a shift to determine whether they needed to report to work, that employee is entitled to be paid reporting pay. In Ward v. Tilly's, Inc., the court held that being required to telephone the employer two hours prior to the start of a shift to see if an employee needed to physically come in to work, could be considered “reporting for work.” Employees required to make such calls would therefore be eligible for reporting pay of at least two hours at the employee’s regular rate. The court reasoned that employees required to make such calls as part of their regular schedules should be entitled to reporting pay because this type of scheduling practice subjects employees to the inconvenience and potential expenses associated with being available to work, such as the costs of family care, travel costs and foregoing other employment opportunities.
The Court’s decision did not address whether this decision should apply only on a going-forward basis, or whether it should apply retroactively. It also did not address what proximity to the shift would be considered close enough to render an employee eligible for reporting pay.
This decision may, at some point, be addressed by the Supreme Court of California.
A copy of the Court’s decision can be found here:
https://www.courts.ca.gov/opinions/documents/B280151.PDF
Action Required: Employers should consult with their legal counsel to determine how to proceed in light of the California appellate court’s holding.
This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.
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