Ward v. Tilly’s, Inc.

In a recent California case, Ward v. Tilly’s, Inc., the plaintiff filed a wage and hour class action against her former employer, Tilly’s, for violating wage order No. 7. The complaint stated that Tilly’s scheduled its employees for regular and on-call shifts. For the shifts that were on-call, employees had to call in two hours prior to the start of the shift to find out if they were needed at work. Plaintiff argued that she should receive wages for her reporting time, even if she did not physically come into work. The California Court of Appeal held that if an employer directs his or her employees to present themselves for work, even by calling in prior to a shift to see if work is available, the reporting time pay is triggered. The court held that ‘report for work’ means that the employer chose a method for the employee to present themselves to work – including a telephone call. For more information, call Eskridge Law today or visit us online at http://www.eskridgelaw.net.