Karina Basso  |  August 19, 2015

Category: Labor & Employment

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Two women making purchase from sales clerk in boutique.Within the United States work force, many jobs that were once full-time positions have been replaced by part-time gigs, which has resulted in lower pay and a decrease or complete lack of benefits for many workers.

Since 2007, the number of involuntary part-time workers in America has almost doubled, increasing from an estimated 4.3 million in October 2007 to 8.1 million in October 2013, the Bureau of Labor Statistics reports.

An “involuntary” part-time worker is defined as an employee seeking full-time employment but is unable to find such a position or an employee who has had their hours cut back by their employer.

Additionally, the nature of part-time employment has changed over the years. For many employees, part-time employment also means “on-call” scheduling, resulting in a work week with no fixed hours for some part-time employees.

According to Carrie Gleason, executive director of the Retail Action Project (RAP), on-call retail scheduling is “an extremely abusive and unfair practice . . . Part-time workers’ hours are constantly changing—and not just weekly, but sometimes on a daily basis.”

Last year, RAP published a report titled “Discounted Jobs: Home Retailers Sell Workers Short,” wherein the group interviewed 436 New York retail workers and found that 20 percent of the workers surveyed claimed they were required by their job to always be, or at the very least most often be, available for “call-in” shifts.

Additionally, more than one third of those interviewed stated they were on occasion, often, or always sent home early from a work shift.

The Downsides of On-Call Employment

The extreme flexibility required from on-call part-time workers is rough and incredibly demanding, especially because of the constant uncertainty. In essence, these on-call retail workers function as day laborers who must call their employer every day to determine if they will be working or not.

According to Gleason, on-call retail scheduling has created tremendous instability for the retail workforce.” She goes on to state, “It’s difficult to arrange for child care, to go to school or hold down a second job, which so many part-time workers desperately need.”

Because of the soft economy, many companies who would normally promote part-time workers to full time are not doing so at the moment. This leaves many individuals desperate for work and hours, meaning that even if a part-time worker quits because of on-call retail scheduling unpredictability, there are several others who can replace them.

According to Gleason and the RAP, “Between being expected to have open availability, waiting by the phone for on-call shifts and being sent home early, retail workers are getting shortchanged by this industry.”

In California specifically, an investigation has been launched into on-call scheduling practices and California employment lawyers are seeking on-call retail workers to possibly participate in a class action litigation.

Join a Free On-Call Shift Lawsuit Investigation

If you work or are scheduled for on-call shifts in retail or fast food in Oregon or California, you may qualify for this on-call worker class action lawsuit investigation.

Learn More

This article is not legal advice. It is presented
for informational purposes only.

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One thought on On-Call Retail Jobs: A Growing Problem for Workers

  1. Loren Hartline says:

    Look into gig workers in all states oregon just like california states delivery drivers for many companies have been misled into thinking they are 1099 employees and now can not get the labor laws compensation nor pandemic unemployment insurances and pay for lost time and or services rendered many are out significantly and financially in ruins because we can’t get our compensations because our label is not what our company said we are .

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