In today’s employment climate, workforce scheduling isn’t just an operational issue—it’s a legal one. With increasing scrutiny over wage and hour practices, California employers must understand the boundaries when it comes to scheduling flexibility. While California has not adopted “predictive scheduling” mandates on a statewide level, that doesn’t mean employers are in the clear. Local ordinances, case law, and existing Wage Order obligations all come into play.
Here are five key scheduling considerations that sophisticated employers in California must understand:
1. No Statewide Predictive Scheduling—Yet
There is currently no state-level law requiring predictive scheduling in California. However, that hasn’t stopped individual municipalities from stepping in.
Local Ordinances to Watch:
Los Angeles’ Fair Work Week Ordinance mandates that certain retail employers provide 14 days’ advance notice of schedules and penalizes last-minute changes. Other jurisdictions, like San Francisco and Emeryville, have enacted similar rules for specific industries.
Legislative Landscape:
The California Legislature regularly considers predictive scheduling proposals—SB 878 (2016) being one of the more ambitious attempts. It would have required 28 days’ advance scheduling for retail, grocery, and restaurant workers. While no such bill has become law as of 2025, employers should expect continued efforts in this area.
Key Takeaway:
Even in the absence of a statewide mandate, California employers should proactively monitor local developments and consider adopting consistent scheduling practices across jurisdictions to mitigate risk.
2. Reporting Time Pay Obligations Remain a Trap for the Unwary
Under California’s Wage Orders, “reporting time pay” rules create de facto scheduling obligations.
Basic Rule:
If an employee reports to work but is not provided at least half of their usual or scheduled day’s work, they must be paid for at least half the day—no fewer than two hours and no more than four—at their regular rate (not below minimum wage).
Second Reporting Rule:
If the employee is asked to return later that same day and receives less than two hours of work during the second shift, the employer must pay two hours at the regular rate.
Best Practice:
Avoid scheduling practices that result in employees being sent home early unless you’re prepared to pay for their time. Review timekeeping systems and scheduling workflows to ensure compliance.
3. Mandatory Meetings and On-Call Calls May Trigger Reporting Time Pay
Several recent cases have expanded what it means to “report for work,” with serious implications for on-call practices and short-notice meeting requests.
Court Guidance:
- Ward v. Tilly’s, Inc.: Requiring employees to call two hours before a potential shift was deemed a form of “reporting,” triggering reporting time pay.
- Price v. Starbucks: Calling employees into work on a non-scheduled day, even for a short meeting, can obligate employers to provide two to four hours of pay depending on the employee’s usual shift.
- Aleman v. AirTouch: No reporting pay is required when employees are scheduled for two hours or less and work at least half of that time.
Key Insight:
Employers relying on on-call scheduling or last-minute meeting attendance must review their practices to ensure they’re not inadvertently creating reporting time pay liabilities.
4. Split Shifts: Small Oversight, Big Risk
California’s Wage Orders define a split shift as a schedule interrupted by unpaid, employer-mandated breaks (excluding bona fide meal or rest breaks). These arrangements can trigger additional compensation requirements.
Split Shift Premium:
Employees must be paid one extra hour at the state (or local) minimum wage rate. However, if the employee earns enough over minimum wage, this can offset the premium.
Example:
An employee earning $10/hour works two separate shifts totaling 8 hours in one day. As an example, if the applicable minimum wage is $8/hour, the $16 in “excess wages” earned over minimum wage offsets the split shift premium.
Compliance Tip:
Review shift structures in retail, hospitality, and food service operations, which often use staggered schedules. Even if you’re paying above minimum wage, it’s critical to document how those wages are calculated to offset the premium.
5. On-Call and Travel Time: Control Is the Key Metric
Time spent on-call or traveling may be compensable—even if no actual work is performed—if the employee is under the employer’s control.
Critical Cases:
- Mendiola v. CPS Security Solutions, Inc.: Security guards required to stay overnight in trailers were entitled to pay for all hours on call, including sleep time.
- Morillion v. Royal Packing Co.: Agricultural workers required to ride employer-provided buses were entitled to compensation for the travel time.
Strategic Consideration:
If your employees are subject to mandatory check-ins, required to remain on premises or use company-provided transportation, their “non-working” time may still be compensable. Review on-call policies and travel logistics to ensure proper wage payments.
Final Thoughts
In a state with aggressive wage and hour enforcement and a high volume of class and PAGA actions, employers must treat scheduling as a compliance priority. While predictive scheduling isn’t law statewide, the legal framework already imposes several indirect but significant scheduling obligations through reporting time pay, split shift premiums, and case law.
Proactive audits, strong documentation, and clear policies are your best defense. Make sure your legal and HR teams are aligned—and stay alert to the legislative horizon.