Service & commerce
Retail managers & shift leads: on-call scheduling
The short answer
On-call retail shifts that require you to call in and hold the day open are compensable when the restrictions prevent using the time for yourself under 29 C.F.R. § 785.17, and in California an on-call shift can trigger reporting-time pay even if you are never used: Ward v. Tilly's, Inc., 31 Cal. App. 5th 1167 (2019).
Call-in shifts and reporting-time pay
The California Court of Appeal held in Ward v. Tilly's, Inc., 31 Cal. App. 5th 1167 (2019), that employees required to call in two hours before an on-call shift “report for work” and are owed reporting-time pay under IWC Wage Order 7-2001 § 5.
Assistant managers and exempt status
Assistant managers who spend most of their time on sales-floor tasks generally do not meet the executive exemption in 29 C.F.R. § 541.100, and California requires more than half the time on exempt duties under Cal. Lab. Code § 515.
Off-the-clock closing work
Closing tasks, bank runs, and after-clock-out cleanup are hours worked under 29 C.F.R. § 785.11, and California rejects the de minimis defense for regular small increments under Troester v. Starbucks Corp., 5 Cal. 5th 829 (2018).
Facts that usually decide these cases
- Mandatory call-in before a scheduled on-call shift
- Assistant managers doing mostly non-exempt work
- Unpaid closing and bank-run time
- Schedules that hold the whole day open
Weighed together under the framework of Owens v. Local No. 169, 971 F.2d 347 (9th Cir. 1992): Geographic restriction — how far you may travel while on call; Response time — how many minutes you have to answer or arrive; Call frequency — how often the phone actually rings; Personal interference — what the rotation stops you from doing; Trade or refusal rights — whether you can hand the shift off.
Frequently asked questions
- Do I get paid if my on-call retail shift is cancelled?
- In California, calling in for an on-call shift can trigger reporting-time pay under IWC Wage Order 7-2001 § 5 per Ward v. Tilly's, Inc., 31 Cal. App. 5th 1167 (2019). Federally, pay depends on whether the restrictions made the wait compensable under 29 C.F.R. § 785.17.
- I'm an assistant manager on salary. Am I exempt?
- Only if you actually meet the executive duties test in 29 C.F.R. § 541.100; in California more than half your time must be exempt work under Cal. Lab. Code § 515.
Keep reading
Check your on-call case in three minutes.
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