Richard Bridgford and Michael Artinian were named as counsel to plaintiff Robynette Robinson in a Law360 article published October 9th about the proposed class action against BCBG Max Azria Group LLC in California state court alleging it failed to compensate employees who are required to report for on­call shifts but ultimately aren’t put to work.

According to the suit, BCBG tells its employees to consider their on­call shifts a definite thing, but that the retailer doesn’t properly credit them reporting­time pay when they aren’t required to work the on­call shift. BCBG has a practice of scheduling its employees to work on­call shifts, sometimes after a regularly scheduled shift and other times on days when employees aren’t schedule for a regular shift. In both cases, employees only find out an “unreasonably short” time before their shift starts.

In addition to telling employees to treat on­call shifts as regular shifts unless they’re told not to report, BCBG also treats tardiness and missing on­call shifts the same as for regularly scheduled shifts even though employees are often told they’re not required to and can’t work their on­call shift.

The lawsuit asserts claims for failure to pay reporting­time pay, failure to pay wages earned at termination, failure to provide accurate wage statements and unfair business practices, and seeks unpaid wages, penalties and damages.

The case is Robinson v. BCBG Max Azria Group LLC, case number BC597311, in the Superior Court of the State of California, County of Los Angeles.

Published in Law360