Former Tilly’s Employee Wins Reporting Time Case
Does your employer require you to call in prior to your shift to find out if you have to report to work? You may be entitled to compensation.
In a recent case, the Court concluded that Tilly’s practice of requiring employees to call in exactly two hours before the start of on-call shifts without pay or face discipline, was unlawful.
How did Tilly’s Violate the Law?
The Court stated that such “on-call scheduling … triggers Wage Order 7’s reporting time pay requirements.” This is because “on-call shifts burden employees, who cannot take other jobs, go to school, or make social plans during on-call shifts—but who nonetheless receive no compensation from Tilly’s unless they ultimately are called in to work. This is precisely the kind of abuse that reporting time pay was designed to discourage.”
The Court emphasized that its conclusion was based on the fact that Tilly’s did not merely require employees to check their schedules as a necessary predicate to getting to work on time—it required employees to call in exactly two hours before the start of on-call shifts, and it “treat[ed] calling in late for an on-call shift or failing to call in for an on-call shift the same as missing a regularly scheduled shift.”
In other words, under Tilly’s on-call regime, failing to call in two hours before an on-call shift was an independent disciplinary offense, separate and apart from not coming to work on time. As such, Tilly’s call-in procedure required far more of employees than merely “ascertain[ing] when they are supposed to work,” and thus it properly triggered the reporting time pay requirement.
The Court held that if the employer requires the employee to call in two hours before the start of a shift, and the employee does so but “is not put to work or is furnished less than half said employee’s usual or scheduled day’s work,” then the employer is liable for reporting time pay.
You May Be Entitled to Reporting Time Pay for your On-Call Shift
If your employer requires you to call-in and is not paying you when you call in but are not needed for that shift, you may be entitled to compensation. Contact us today for a free case evaluation.
Whitehead Employment Law is a premier firm with a wealth of legal talent dedicated to labor and employment law. We have settled and tried cases winning millions of dollars in awards for clients whose employers have violated the law. Many of these types of situations are ideal for class action treatment.
In addition to recovering reporting time pay for on-call shifts, our class actions allow us to also recover unpaid wages, unpaid overtime, unreimbursed expenses and other benefits of employment to which workers are lawfully entitled, in a single class action lawsuit. Individuals who serve as representative plaintiffs in class actions are generally entitled to an enhanced compensation because of their contribution of time and effort, in addition to a share of the settlement proceeds. If you believe you may have a lawful employment claim for unpaid reporting time for your on-call shift, let’s talk.