On-Call Scheduling Under Fire from Ill. State Attorney General

On-Call Scheduling in Retail Stores

Not just Lisa Madigan, the Illinois state attorney general, but eight other state’s attorney generals are paying close attention how retailers such as American Eagle Outfitters, Aeropostale and Zumiez set their hours for their employees.

Fifteen companies received letters from Madigan requesting information on the use of on-call scheduling. In an on-call scheduling situation, workers must call in to the employer as little as one hour before the shift should begin to find out if they have been scheduled or not.

In a statement, Madigan said, “Learning just hours before a scheduled shift whether you are going to work or not is an unacceptable and challenging business practice. Workers — no matter where they work — should not be subject to that type of unpredictability and uncertainty in their lives.”

Letters were sent to other companies as well, including The Walt Disney Company, Carter’s, BCBG Max Azaria, Coach, Tilly’s, Vans, Justice, Pacific Sunwear, Uniqlo and Forever 21.

The letters asked for information on the retailers’ on-call scheduling practices as well as told companies that unpredictable work schedules “take a toll on employees.” It makes it tough to arrange purse an education or arrange for child care. The retailers were asked to respond by April 25.

Several companies claimed that they do not use on-call scheduling. Coach, Forever 21, Vans and Uniqlo said they don’t schedule their employees like this.

Last year, New York Attorney General Eric Schneidermann sent letters to 13 retailers, seeking information about their use of on call scheduling. As a result, Abercrombie & Fitch, Gap, J. Crew, Urban Outfitters, Pier 1 Imports, Bath & Body Works and Victoria’s Secret all agreed to stop on-call scheduling in their stores.

What’s the Problem with On-Call Scheduling?

The University of Chicago estimates that 41% of 26- to 32-year-olds in the U. S. who are paid on an hourly basis received their shift schedule less than a week in advance. Often, those who work like this are available, and need, full-time work, but receive less than their agreed-upon hours.

In 2015 a survey of hourly employees in Washington, D.C. found that 30% of retail workers were informed of their schedule with less than 3 days notice.

One employee of Uniqlo, Chicago, noted that he and other employees most often got their schedules on Sunday for workweeks beginning on the next day. Sometimes, on a day he was scheduled to work, he got calls saying that he was not needed.

Katelyn Johnson, executive director of Action Now Institute in Chicago, an advocacy group for low-income communities, said in a statement, “It is great that attorneys general from across the country have taken the initiative to get involved in the issue of on-call scheduling. This issue is a part of a broader conversation around workers rights, paid sick days, as well as a fight for a living wage.”

“We look forward to next steps in making it easier for workers in our communities to have reliable schedules that allows for them to plan their daily lives,” she said.