Compliance Made Easy. Prioritize Workforce Safety. Return to Productivity. COVID-19 Safety Program.
Learn More
KPA Logo

California March 2019 HR Regulatory Updates

Jill Schaefer /
Text: "Regulatory Update"

This blog post covers timely state legislative employment updates. Check out what you need to know and gain compliance tips to help you stay on top of HR, the right way.


California

Employers Liable for Paid Wages for On-call Scheduling

Who: Employers With On-call Employees

When: Effective immediately

What:
Under California’s Wage Order No. 7, when employees come into work, but there isn’t enough work to keep them there, employers have to pay employees a certain amount. Depending on how much of the employees’ scheduled shift you ask them to forfeit, you need to pay employees for 2–4 hours of work at their regular pay rates.

In Ward v. Tilly’s Inc., the California Court of Appeal, Second Appellate District, ruled about on-call compensation. Specifically, the Court focused on when on-call employees don’t need to go into work, but can’t do other things, such as work another job or make personal plans, during on-call shifts. The Court held that employers with on-call scheduling that requires employees to contact their employer to confirm if they do in fact have to work triggers reporting time pay.

How:

  • Keep in mind that courts may no longer consider employees “reporting for work” as physically being at a worksite.
  • Call-in requirements and on-call shifts may trigger reporting time pay requirements for certain California employers.
  • Promptly review your call-in and on-call policies for compliance and adjust compensation practices accordingly.
  • Seek out legal counsel as needed.
LinkedIn Twitter Facebook Email Print Software: Mobile app Software: Point Solutions Services: Compliance Services Services: Workplace Health and Safety Services Services: Environmental Risk Management Services About: Leadership Software: Online Training About: Who We Are Resources: Library Industries: Automotive Industries: Distribution Industries: Food and Beverage Industries: Manufacturing Industries: Construction Industries: Energy Industries: Insurance Industries: Transportation Resources: Events and Webinars Resources: Blog YouTube