Amanda Antell  |  August 27, 2015

Category: Labor & Employment

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Happy Female Cashier At Counter In SupermarketAs California becomes the example for the country to follow in its employment regulations, the state has now implemented regulations to protect on call workers. An investigation has been launched into the employment practices of scheduling on call workers, which could be violating California employment laws.

Primarily effecting retail workers, these employees have been complaining for years that on call scheduling was forcing them to revolve their lives around a single shift of work, which could be canceled unexpectedly without pay. Some on call workers are required to call their managers several hours before their shift, to determine if they even have one.

Even though these shifts are reportedly mandatory and employees must be available for work, the unpredictability of the system has left many on call employees feeling frustrated the work scheduling process and unpaid work hours.

Furthermore, California on call workers have severe limitations in work scheduling power and have little to no control over when their next shift is. Employees cannot schedule shifts with other employers when they are already scheduled for on call work. On call workers must also arrange for their own child and elderly care, despite being unable to keep a set schedule.

These employees cannot even make basic plans in their lives, such as taking college course or schedule doctor appointments, because their lives are controlled by unpredictable job schedules.

After finding the gross mistreatment of on call workers, California state law officials are investigating if on call scheduling is against the law. Unfortunately, California is one of the only states looking into the ethical practices of on call scheduling even though the practice is used throughout the country.

Overview of On Call Employment Problems

On call workers have been complaining about the irregularity of their work schedules for years, with a recent report calling the on call employment system, “the tyranny of the daily schedule.” Published as conjoined effort by the Center for Law and Social Policy, Retail Action Project (RAP), and Women Employed, one article describes how the on call scheduling often burdens employees with excessive stress and unpaid work hours.

Along with calling in to confirm they have a shift, the on call shifts are often only three to four hours long, with no increased pay rate for the time spent waiting to see if a shift was required.

Despite this work scheduling system seeming utterly random to employees, it is based on a computerized staffing configuration. However, this system often does not account for non-predictable factors like hot weather or peak times during work hours, such as lunch rush time at restaurants.

This computerized work scheduling system reflects the “Just-in-Time” business model and the “Need-it-Now” consumer culture, which is more consistent with seasonal periods of the market when the demand is the highest. The purpose of this model is to ensure maximum profitability for the companies at all times, but it fails to address the basic needs of the employees, such as making enough to pay for living expenses.

Furthermore, when on call workers try to apply for welfare or Medicaid benefits, they are often rejected because they make too much money from their on call jobs.

Fortunately, various advocacy groups across the country are campaigning for fair employment policy in regard to on call scheduling, with lawmakers looking into potential solutions. One of these possible solutions include requiring employers to have a minimum hours policy, which would ensure stable work schedules and would eliminate the unpredictability of on call scheduling.

Another solution includes implementing a “reporting pay” policy, which would ensure that employees would receive payment, even if their shifts were interrupted.

Currently, attorneys are seeking California workers who are regularly required to work on call hours, as they may be entitled to compensation.

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