News & Analysis as of

Work Schedules On-Call Employees Wage and Hour

FordHarrison

[Webinar] Storm-Ready Workforce: Best Practices for Employers to Manage Employees Before, During, and After a Natural Disaster -...

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Hurricane season is here, bringing with it the potential for severe weather that can cause widespread damage, impacting entire communities. Natural disasters may be unpredictable - but your response doesn't have to be....more

Parker Poe Adams & Bernstein LLP

On-Call Time Not Compensable if Employee Not Restricted

In the days before cellphones, employees required to remain on-call for work were generally entitled to compensation for time spent at home waiting for the landline to ring. Given the ubiquity of mobile communication...more

Fisher Phillips

What Employers Should Know About Predictive Scheduling Laws

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Hospitality industry employers know that scheduling the right number of workers on any given day – or shift – is a challenge. In addition to unpredictable customer patterns, the ongoing COVID-19 pandemic, labor shortages, and...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Predictive Scheduling Laws

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In a continuing trend, employers are abandoning on-call scheduling as states and cities continue to pass predictive scheduling laws....more

Seyfarth Shaw LLP

When Disaster Strikes: How Employers Should Respond to Wildfires

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Seyfarth Synopsis: When faced with wildfires or natural disasters, California employers must keep calm, carry on, and continue to meet their obligations under California law. ...more

Constangy, Brooks, Smith & Prophete, LLP

Phone call triggers employer's "reporting pay" obligations: California Snapshot 

What is "reporting for work" that triggers a retail employer's reporting pay obligations? According to the California Court of Appeal, a simple phone call will do the trick. The court's recent decision in Ward v. Tilly’s,...more

McGuireWoods LLP

Calif. Employees Can Dial for Dollars Under Employers’ On-Call Scheduling Policies

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On Feb. 4, 2019, the California Court of Appeal decided Ward v. Tilly’s, Inc., holding that employers must provide “reporting time pay” when requiring employees to call in prior to a potential shift to learn whether they must...more

Saul Ewing LLP

New York State Cancels Predictive Scheduling Regulations

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On March 1, 2019, the New York State Department of Labor announced its withdrawal of proposed predictive scheduling regulations, which comes as a relief to businesses state-wide. Two years ago, the Department announced its...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Department of Labor Abandons Proposed Predictive Scheduling Rule

In November 2017, the New York State Department of Labor (NYSDOL) issued a proposed predictive scheduling rule that would have imposed various call-in pay requirements when shifts are scheduled or cancelled on short notice or...more

Epstein Becker & Green

New York State Department of Labor Withdraws Proposed “Call-In Pay” Regulations

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The New York State Department of Labor (“NYSDOL”) recently announced that it would no longer pursue employee scheduling regulations concerning “call-in” (or “on-call”) pay and other so-called predictive scheduling matters. As...more

Tarter Krinsky & Drogin LLP

They're Out! New York Department Of Labor Tosses Proposed "Call-In Pay" Regulations Following Public Outcry

New York employers have one less administrative headache to deal with - at least, for now. The New York State Department of Labor (DOL) has announced that, as of March 1, 2019, it will not implement proposed regulations...more

Davis Wright Tremaine LLP

NYSDOL Withdraws Its Proposed Regulations Relating to Predictive Scheduling

In January 2018, we issued an advisory relating to the New York State Department of Labor (the “NYSDOL”) proposed regulations regarding predictive scheduling that would have revised the “call-in” pay requirements of the...more

Weintraub Tobin

Do California Employers Have Any Scheduling Flexibility Options Left?

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Scheduling employees is becoming more difficult for employers, and the State seems to be hurtling toward predictive scheduling laws. Last month, my partner Lukas Clary blogged about the recent California Supreme Court...more

Fox Rothschild LLP

NY Department Of Labor Shelves Proposed Scheduling Regulations

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The New York State Department of Labor (NYDOL) announced that, at this time, it is no longer going to pursue regulations to the Miscellaneous Industries Wage Order that would have required “call-in pay” or “on-call”...more

BakerHostetler

Employees Calling In to Work Before a Scheduled On-Call Shift Are "Reporting for Work" and Entitled to Reporting Time Pay,...

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When a California employee is scheduled for an on-call shift and company policy requires her to call in two hours beforehand to see whether she must work that shift, is that employee “reporting for work” even if that employee...more

Bond Schoeneck & King PLLC

New York State Department of Labor Drops Proposal Regarding Call-In Pay . . . For Now

The New York State Department of Labor announced recently that it does not intend to implement its proposed regulations that would have imposed burdensome requirements on employers to provide call-in pay to employees under a...more

Jackson Lewis P.C.

New York Labor Department No Longer Pursuing Call-In Pay Regulations

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The New York State Department of Labor (NYSDOL) is no longer pursuing regulations on “call-in pay,” or predictive scheduling, that would affect most New York employers....more

Buchalter

Your “On-Call” Scheduling Policy May Trigger Reporting Time Pay For Employees In California

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The California Second District Court of Appeal recently rendered a decision with respect to “reporting time pay” that significantly impacts California employers who use on-call schedules. The Court held that employees need...more

Davis Wright Tremaine LLP

California Court of Appeal Expands Reporting Time Pay to Include Employer's Call-In Policy

On February 4, 2019, a California Court of Appeal ruled in Ward v. Tilly's that an employer must pay reporting time pay to employees who are required to call in two hours before a potential shift to learn whether they are...more

Fox Rothschild LLP

Beware Of On-Call Shifts In California

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What is considered “work time” that requires pay? Well, that definition keeps on getting broader for California employers. Can you let individuals “volunteer” and provide comps/trade for their time? No....more

Orrick - Employment Law and Litigation

Money for Nothing? On-Call Checks For Free: California Court Says Employers Must Pay Employees For Certain On-Call Scheduling...

A California Court of Appeal recently issued an order in Ward v. Tilly’s, Inc. finding that certain on-call scheduling practices trigger “reporting time pay” requirements even when the employee does not actually come into the...more

Hinshaw & Culbertson LLP

It's Risky Business for California Employers when Scheduling Employees On-Call

In Skylar Ward v. Tilly's Inc., the Second Appellate District of the Court of Appeal for the State of California found, in a split decision, that employees who were required to call in two hours before a scheduled on-call...more

Farella Braun + Martel LLP

California Court Finds Shift Call-Ins May Trigger Reporting Time Pay

A California court has held that employees required to call their employers before a shift to determine whether they are assigned to work may be entitled to reporting time pay on days when they are not actually put to work....more

Morgan Lewis

California Court of Appeal: Two-Hour On-Call Scheduling Policy May Create Reporting Time Pay Liability

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The California Court of Appeal recently held that if an employer requires an employee to call in two hours before the start of a scheduled shift to find out if the employee will be required to work the shift, and the employee...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court of Appeal Identifies Triggers for Reporting Time Pay Obligation

In a ruling that will have a significant impact on the retail and restaurant industries, among others in California, the California Court of Appeal ruled that a retail employer’s call-in scheduling policy—in which employees...more

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