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A California appellate court has held that “on call” workers should be compensated in instances when they aren’t ultimately forced to come in to work a shift.

The decision issued Monday by the Second District Court of Appeal in Los Angeles marks the first time a court has weighed in how the state’s labor-friendly employee wage orders apply to the practice where workers are assigned on-call shifts but are not told until they call in just hours before they’re set to begin whether they should actually report to work or not.

The ruling is a win for plaintiffs lawyers at McNicholas & McNicholas; Frank Sims & Stolper; and Bridgford, Gleason & Artinian who represent a proposed class of workers pursuing reporting time pay from the Irvine-based Tillys chain of retail stores.

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Ross Todd

Ross Todd is the Editor/columnist for the Am Law Litigation Daily. He writes about litigation of all sorts. Previously, Ross was the Bureau Chief of The Recorder, ALM's California affiliate. Contact Ross at [email protected] On Twitter: @Ross_Todd.

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