Ward v. Tilly's, Inc.Annotate this Case
Plaintiff filed suit challenging the on-call scheduling practices of her former employer, Tilly's, as violating wage order No. 7-2001, which regulates the wages, hours, and working conditions in the mercantile industry. The Court of Appeal held that the on-call scheduling alleged in this case triggered Wage Order 7's reporting time pay requirements. The court found that on-call shifts burdened employees, who cannot take other jobs, go to school, or make social plans during on-call shifts—but who nonetheless received no compensation from Tilly's unless they ultimately are called in to work. The court noted that this was precisely the kind of abuse that reporting time pay was designed to discourage. Accordingly, the court reversed the trial court's judgment of dismissal and remanded for further proceedings.