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Scheduling & Staffing

Does an on-call shift that gets cancelled by phone still owe pay?

By the WeERM Editorial Team

Yes. A California appellate court held that requiring an employee to call in two hours before a shift to learn whether to work counts as reporting for work under the wage orders — so reporting time pay is owed even to the employee who is told to stay home.

On-call scheduling exists to move labour cost off the employer and onto the worker. The court that looked at it decided the cost does not move that easily.

The policy at issue was ordinary retail practice: call two hours before the shift, and you will be told whether to come in. The employer's position was that an employee who never left the house never reported for work, so no reporting time pay could be owed. The Court of Appeal disagreed — the call is itself a form of reporting, because the employee has structured their day around a shift the employer controls.

This matters more than the dollar amount suggests, because the entire value of an on-call roster is that unused shifts are free. Once they are not free, the arrangement often costs more than simply scheduling fewer people, and it costs it retroactively for everyone who was ever placed on call.

What the decision did not do is draw a bright line around every possible call-in policy. It answered the case in front of it. A policy that asks employees to check a posted schedule the day before is a different fact pattern from one that requires a phone call two hours out with an answer that binds the rest of the day. If your scheduling sits somewhere between those, that is a question worth asking before somebody else asks it.

The decision remains citable: the California Supreme Court denied review, which leaves the opinion published and binding as appellate authority.

Reviewed 2026-08-11 by the WeERM team. Informational only, not legal advice. California rules change; confirm against the current source before acting.