Ward v. Tilly’s, Inc., 31 Cal. App. 5th 1167 (2019)

Skylar Ward challenged by way of this putative class action the on-call scheduling practices of her former employer, Tilly’s, Inc., as violating the reporting time pay requirements of California law. Tilly’s required on-call employees to contact Tilly’s two hours before their on-call shifts. If they are told to come in, they are paid for the shifts they work; if they are not told to come in, they receive no compensation for having been “on call.” Ward alleged that when the employees contacted Tilly’s two hours before their on-call shifts, they were “reporting for work”; Tilly’s asserted that employees “report for work” only by physically appearing at the work site at the start of a scheduled shift. The trial court sustained Tilly’s’ demurrer and dismissed the action. The Court of Appeal reversed, holding that “the call-in requirement is inconsistent with being off-duty, and thus triggers the reporting time pay requirement.”

View Original Source
Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.