Ward

I agree we must remand the case for plaintiff and appellant Skylar Ward to pursue a single theory against defendant and respondent Tilly's Inc.: that she reported for work, in person, *1191 but was sent home before her add-on shift and not paid. I otherwise respectfully dissent. The legislative history of the phrase "report for work" reflects the drafters' intent that-to qualify for reporting time pay-a retail salesperson must physically appear at the workplace: the store. As one federal judge has observed, our "fundamental task in interpreting Wage Orders is ascertaining the drafters' intent, not drawing up interpretations that promote the Court's view of good policy." ( Casas v. Victoria's Secret Stores, LLC (C.D.Cal., Dec. 1, 2014, No. CV 14-6412-GW) 2014 WL 12644922 , at *5 [nonpub. opn.] ( Casas ).) It is our Legislature's responsibility to enact any necessary legislation to address any hardship to employees who are required to call their employers *480 to discover if they must report for work.

A. Ward's First Amended Complaint

Ward's first amended complaint alleges three kinds of what she terms "on-call shifts": (1) Tilly's schedules the employee for a regular shift…

*1170 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 come in to work. If they are told to come in, they are paid for the shifts; if not, they do not receive any compensation for having been "on call."

Plaintiff Skylar Ward challenges the on-call scheduling practices of her former employer, Tilly's, Inc. (Tilly's), as violating wage order No. 7-2001 (codified at California Code of Regulations, title 8, section 11070 ; hereafter, Wage Order 7), which regulates the wages, hours, and working conditions in the mercantile industry. Among other things, Wage Order 7 requires employers to pay employees "reporting time pay" for each workday *1171 "an employee is required to report for work and does report, but is not put to work or is furnished less than half said employee's usual or scheduled day's work." Plaintiff contends that when on-call employees contact Tilly's two hours before on-call shifts, they are "report[ing] for…