February 14, 2019
On Feb. 4, 2019, in Ward v. Tilly’s, Inc., the California Court of Appeal created stricter requirements around California’s reporting-time pay rules. Historically, if an employee in California was required to report to work and did report, but was given less than half of their usual or scheduled day’s work, the employer was required to pay the employee for between two and four hours of work at their regular rate of pay. This penalty payment is known as "reporting-time pay." In Ward v. Tilly, the Court of Appeal expanded the circumstances that give rise to reporting-time pay. The Court found that certain “on-call” shifts, even where the employee does not physically show up to the work site, should also be subject to reporting-time pay. Reporting-time pay is also triggered when an employee “reports to work” by calling in or logging into a computer remotely to determine if they need to physically show up to work. The expanded reporting-time pay requirements primarily impact California employers who utilize call-in or on-call scheduling with their employees and are effective immediately.
Additional information on the law can be found here.
If you have any questions, please email Compliance@castandcrew.com.
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The proceeding information is provided for informational purposes only, should not be construed as or relied upon as legal advice and is subject to change without notice. If you have questions concerning particular situations, specific payroll administration or labor relations issues, please contact your counsel.
