California employment case index

Tilly’s required retail workers to phone the store exactly two hours before every on-call shift — under threat of written discipline — and paid nothing if the answer was ‘don’t come in.’ Division Three held, 2–1, that this triggers Wage Order 7 reporting-time pay: ‘reporting for work’ means presenting oneself as ordered, and the employer’s own directions define the manner, whether that is walking through the door, logging on remotely, or making a mandatory call. The holding is deliberately tied to the two-hour call-in regime, the retroactivity question was expressly left open, and Justice Egerton’s partial dissent — built on 18,000 pages of IWC history — supplies the employer playbook. Review was denied; Ward remains the leading California authority on call-in scheduling.

Two Nordstrom employees worked stretches of more than six consecutive days, but never seven days inside a single established workweek, and always with at least one short shift. The Ninth Circuit certified three questions, and a unanimous Supreme Court answered all of them on one page: the day-of-rest guarantee runs by the workweek rather than on a rolling seven days, so runs spanning two workweeks are not per se prohibited; the six-hour exemption applies only where the employee never exceeds six hours on any day of that week, because the contrary reading would let a single short shift swallow the rule; and an employer 'causes' a lost day of rest by inducing the employee to forgo it, owing a duty to apprise employees of the right and then maintain absolute neutrality about its exercise.

Stoneledge paid furniture sales associates on commission with a guaranteed $12.01 hourly draw that was deducted from later commissions. The Court of Appeal reversed summary judgment for the employer, holding that Wage Order No. 7 requires separate compensation for rest periods and applies equally to commissioned employees, piece-rate employees, or any other system that does not pay for rest breaks. The draws were not compensation at all – at best, interest-free loans.

Answering three questions certified by the Ninth Circuit, the California Supreme Court held that the “nature of the work” under the wage orders' seating provision refers to the tasks an employee performs at a given location – not to the whole job – and that whether the work reasonably permits sitting is an objective, totality-of-the-circumstances question in which employer business judgment and workplace layout are relevant but not dispositive. If the employer contends no suitable seat exists, it bears the burden of proving unavailability.