On Call Shifts In Retail

While on call shifts in retail grow increasingly more common, many employees believe that this system is unfair and even illegal, allowing for employers to take advantage of workers.

Working on call shifts in retail can be extremely disadvantageous for workers, who have to clear their schedules during shifts they may not even work.

Employees who are signed up for on call shifts in retail stores are often required to remain near their place of employment, during these shifts, even when they are not called in at all.

Workers are not paid for these on call shifts in retail, despite the fact they are not allowed to use this time freely. This makes their personal schedules, from part time jobs to kids’ schedules to errands to personal time, almost impossible schedule. It can also cause drastic financial problems.

The Department of Labor Wage and Hour Division, which created and enforces the Fair Labor Standards Act (FLSA), has become involved with the problem of on call shift work in retail.

One of the main problems that makes determining the legality of retail on call shifts difficult is the unclear definitions of significant terms, including on call work, on call scheduling, and on call pay. Different interpretations of these terms can lead to significant differences in opinion.

FLSA Background

The Fair Labor Standards Act was created to regulate the fair treatment of employees. Employees who have been subjected to unpaid wages, unpaid overtime, or other FLSA violations can sue their employers.

The legality of on call shifts in retail is, unfortunately, more murky than unpaid overtime.

Determining whether or not on call shifts in retail should be paid involves a few basic questions. These include:

• Is the employee required to remain on work premises?
• If allowed off premises, how far may the employee go during on call work hours? Are there excessive restrictions placed on how far the employee can go?
• Is the employee required to do more than simply leave their contact information with their employer?
• How often, for on call employees, is the employee actually called in to work?
• Is there a specific time for employees to receive calls, and is the amount of time in which they have to respond restrictive?
• Can an on call work employee trade off their on call shift with another employee?
• While on call, can the employee freely use their time for personal activities, or are they unduly restricted in their actions during on call work hours?

On Call Scheduling Lawsuits

Being subjected to on call shifts in retail can make it impossible for employees to bring in a steady, minimum-wage paycheck.

For instance, if they are required to be available full time due to on call scheduling, but actually work only part time, they are often unable to take another part time job because of their availability. These practices also complicate schooling, childcare, and social lives.

If you have worked for an employer that may have abused the on call scheduling system or has otherwise violated FLSA, you may be able to file an on call scheduling lawsuit.