By: Kerri N. Polizzi
On February 4, 2019, a panel of the California Court of Appeal held in Ward v. Tilly's, Inc., that certain on-call scheduling practices require employees to "report to work" within the meaning of the Industrial Welfare Commission ("IWC") Wage Orders, triggering compensation requirements even when no work is actually performed.
The case concerned employees of Tilly's, Inc. ("Tilly's") who were assigned "on-call" shifts that required time to call in two hours before their scheduled start time to determine whether they were actually required to come in to work that day. If the worker was in fact called in to work, Tilly's paid them for the entire shift. If, however, the employee calling in was told not to come in for the shift, he or she was paid nothing.
