Daily Labor Report®

On-Call Pay Issue Undecided, as Calif. Ruling for Retailer Reversed

Feb. 6, 2019, 8:30 PM

Clothing retailer Tilly’s Inc. said it believes it will ultimately prevail in litigation over pay for on-call workers in California, even following a loss at the appellate level.

Tilly’s said it’s still reviewing the decision, in which a three-judge panel of the California Court of Appeal reversed an earlier court’s decision in favor of the company and found that the procedures allegedly implemented by the company take advantage of workers by occupying their time without pay. The Feb. 4 ruling sent the case back to the trial court for further proceedings.

“As we explain, on-call shifts burden employees, who cannot...

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