No. B280151.

31 Cal.App.5th 1167 (2019)

SKYLAR WARD, Plaintiff and Appellant, v. TILLY'S, INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division Three.

February 4, 2019.

Attorney(s) appearing for the Case

McNicholas & McNicholas, Patrick McNicholas , Michael J. Kent ; Frank Sims & Stolper, Scott H. Sims ; Bridgford, Gleason & Artinian, Michael H. Artinian ; Esner, Chang & Boyer, Andrew N. Chang , Holly N. Boyer and Steffi A. Jose for Plaintiff and Appellant.

O'Melveny & Myers, Apalla U. Chopra , Adam J. Karr , Ryan Rutledge and Briana LaBriola for Defendant and Respondent.

Greenberg Traurig, Mark D. Kemple and Ryan C. Bykerk for Abercrombie & Fitch Stores, Inc., as Amicus Curiae.


This appeal, which follows an order sustaining a demurrer without leave to amend, concerns the practice of on-call scheduling. As alleged, on-call scheduling works this way: Employees are assigned on-call shifts, but are not told until they call in two hours before their shifts start whether they should actually...

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