California March 2019 HR Regulatory Updates

on April 6, 2019

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.

Jill Schaefer

Jill Schaefer

Jill is the Content and Community Manager here at KPA. She helps us break down complex regulations into why they matter and what they mean for clients. In short, make compliance easier and help employers do the right things.

Jill SchaeferCalifornia March 2019 HR Regulatory Updates

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