Worker Advocacy Groups Say On Call Scheduling is Abusive

On call scheduling, employed by many retailers, has become a hot topic of debate recently.

On call scheduling is a practice that some employers use which puts employees on stand by. If the employee is on call and called into work, the employee is expected to report to their on call shift shortly after called in.

On call scheduling may also occur when employees are given a schedule with a short amount of advance notice.  Employees may be given a work schedule a few days or one day before scheduled to work. Many times the employees are not paid for the time spent “on-call.”

This practice may be in violation of labor laws.

What’s the Problem?

The problem with on call scheduling is that employees can wind up spending time, and money, commuting to their job, only to be told to leave early, or that they’re not needed at all that day.

A sudden call to work can mean scrambling for child care, or turning down much-needed hours. And a constantly shifting schedule can lead to uneven earnings, with income spiking in some months and plummeting in others, making it incredibly difficult to budget.

For students using part-time retail jobs to make ends meet, on call shift changes can mean making a choice between attending class and earning enough money to pay tuition.

For workers with kids, it can mean a constant struggle to find and afford child care.

Advocates Say On Call Scheduling is Abuse

Now, many employee rights and advocacy groups are calling this employee scheduling practice abusive, saying it equates to modern day tyranny.

In fact, the Center for Law and Social Policy and the workers’ advocacy organization Retail Action Project (RAP) and Women Employed say these unfair and unpredictably call in shift practices negatively affect mostly low-wage workers and cause inconsistent pay.

A 2014 survey conducted by RAP found that 70 percent of New York City retail workers were not given their schedules more than a week in advance.

Furthermore, RAP cited a nationwide survey that “approximately 50 percent of low-wage hourly workers reported having limited control over their work hours.”

RAP also points to research from University of Chicago professor Susan Lambert indicating that “of 17 major U.S. corporations in the hospitality, airlines and package delivery, retail, and financial services industries, only three gave more than a week’s notice of schedules.”

In response to the stress on call scheduling imposes on workers, a campaign for fair work schedules was launched by a group of community and labor organizations, called the Just Hours New York.

The group is focused on getting legislation passed and organizing workers to resolve problems associated with on call scheduling.  Some of the issues the group advocates for include minimum hours requirements, more stable work schedules, and reporting-pay policies to ensure on call shift workers receive some compensation for a disrupted shift.

Additionally, the coalition is pushing for companies to provide more advanced notice of employees schedules.

These work scheduling practices have already been implemented at Bloomingdale’s flagship New York store.  For instance, some part time workers who are protected by a Retail, Wholesale and Department Store Union (RWDSU) contract, are ensured a minimum of twenty hours a week and at least twenty-one days notice of their schedule.

RAP also notes that stabilizing on call scheduling practices is a win-win for both businesses and their employees, by lessening employee stress and ultimately employee turnover.

On Call/Call in Shift Lawsuits

Several lawsuits have been filed against retailers, particularly in California, who make their employees clear their personal schedules for “on call” or call in shift scheduling even when they are not guaranteed work.

These lawsuits equate the practice to “wage theft” and are seeking compensation for these workers, as well as court orders to make these companies change their scheduling practices.

If you work for a retailer, restaurant or other company and are regularly scheduled for on call shifts, contact an experienced employment lawyer to learn more about your rights.