More Major Retailers Ending On Call Work

The current employment tide seems to be moving away from on call work in large companies.

While only a few companies have committed to this shift, there are hopes that with these big companies leading the way, there may be a better chance for labor reform.

On call work requires an employee to call in by phone or check in by email or text shortly before their shift is about to begin. This employee work schedule practice is also called “just-in-time” scheduling.

If the store expects to be busy and have the need for additional workers, they are told to report to work. If the store traffic is slow, workers are told not to come in and are not paid for working.

This kind of work scheduling causes a lot of instability in a worker’s personal and financial life. Workers are asked to keep large blocks of time open on their schedule and cannot fill them with personal commitments or other money-making opportunities.

This unpredictability can cause a huge amount of stress. Men and women who have families to take care of cannot adequately schedule child care, school and activity scheduling and more.

With erratic paycheck amounts and schedules that can’t be counted on, on call workers are left with a bleak view of the future.

Big Retailers Change On-Call Policies

Gap, which includes Old Navy and Banana Republic, has announced they will begin to phase out on call scheduling by the end of this month. Abercrombie & Fitch and Victoria’s Secret have also announced their plan to end this scheduling practice. Starbucks ended on-call schedules for workers last year.

While this seems like a great, honest thing for the companies to do for the benefit of their workers, it appears that this sudden shift in events wasn’t without prompting.

In April of this year, New York’s attorney general sent warning letters to 13  big companies saying that they may be in violation of New York law. The companies that received the letter included Target Corp., Gap Inc., Abercrombie & Fitch, Ann Inc. (Ann Taylor, Loft), Burlington Stores Inc., Crocs Inc., JC Penney Co., J Crew Group Inc., L Brands Inc. (The Limited Inc., Victoria’s Secret, Bath & Body Works), Sears Holdings Corp., TJX Cos. (TJ Maxx, Home Goods, Marshall’s, Sierra Trading Post), Urban Outfitters Inc. and Williams-Sonoma, Inc.

Labor reform efforts are underway across the country, though the practices seem slow to change. In July, San Francisco laid out new laws that require large retailers to give their employees two weeks’ advance notice of their schedules. Additionally, workers will be given the opportunity to work extra hours when they are needed, rather than the retailers hiring additional employees, so current workers can earn more pay.

Mega retailer Wal-Mart pioneered a pilot program in April that allows workers to choose their own working hours from the company’s list of available time slots.

Studies show that productivity increases when workers have more control over their hours and times worked.

On Call Lawsuit Information

Many times, on call laws are not enforced because workers are not aware of the regulations. If you are working on call and think your employer might be in violation of on call employment law, you may have a legal claim. Consultations with one of attorneys are confidential and you can learn more about your legal rights in a confidential conversation regarding your situation.

Join a Free California Overtime, Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone.

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