Tracy Colman  |  April 23, 2019

Category: Labor & Employment

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on call retail workerIn the retail industry, on call scheduling has become commonplace. In these working trades, “on call” means the employee can’t actually predict whether he or she will be needed at work on a given day with this designation.

Employees are expected by their managers, when assigned such a shift, to keep their schedules open and unencumbered in case they are needed. The problem with this method of work force scheduling is that it creates massive inconvenience to an employee that likely works for minimum wage.

On call workers may only find out a couple of hours in advance of the shift whether they are in fact needed at the workplace. At best, the worker may find out the night before whether their on call shift is viable.

What Are the Problems Associated with This Type of Scheduling?

According to an April 14, 2015, article posted on Fashionista.com, standby shifts may be just as easily cancelled on the day, leaving the worker without the expected income.

Holding down a second job to make up the budget deficit is difficult at best under these circumstances. If they have children, hourly employees may have had to arrange childcare and are expected to pay the sitter for reserving her or his time.

What Steps are Being Taken to End On Call Scheduling Practices?

According to a June 29, 2017 Reuters.com article, Oregon was the first U.S. state at that time to pass a bill that would undermine on call scheduling practices.

The bill was dubbed as the Oregon Fair Work Week Act and was enacted that summer. The bill required retail, fast food, and hospitality businesses with a global count of 500 employees to give their Oregon-based workers their schedules 10 days in advance.

As indicated by a CNN article written a little over a month later, Governor Kate Brown signed the bill into law with plans for it to go into effect the following July. Oregon’s advanced scheduling law will be implemented in tiers – the first tier being the 10 day notice and the second tier being 14 day notice for on call workers which will begin in 2020.

In addition to helping Oregon workers achieve greater economic and life predictability, the law also wants to undercut the fatigue factor. According to the Hot Schedules website, retail, fast food, and similar businesses have often had workers work an evening shift and then required them to appear early the next morning for an additional shift.

Under the new Oregon advanced scheduling law, employers will now be required to have at minimum a 10 hour spread between the end of one shift and the beginning of another.

The requirements of the Fair Work Week Act have their own unique elements, but a lot of them mirror similar legislation that has passed on the city level in New York City, Seattle, and San Francisco. Undoubtedly, there will more states to follow the actions of Oregon.

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 What Does On Call Mean in Retail?

  1. fay williams says:

    I work that superintendent of Schools in Bakersfield California on call which didn’t give me a lot of money and hurt my ability to work because it was anywhere between 30 min to 1 hour.

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