On Call Work Scheduling Practices Under Investigation

Retail employees who’ve had trouble with being scheduled for on call work may get some relief from filing an on call scheduling class action lawsuit.

Attorneys are now looking into whether the practice of on call scheduling may violate employment laws, possibly forming the basis for an employee rights class action lawsuit.

Instead of being given a work schedule they can rely on, these employees are scheduled for on call work on a tentative basis. They’re expected to keep themselves available for work at that time, without knowing for sure if they’ll actually be called in.

Typically, a worker scheduled for on call work may not know for sure whether they’re actually expected to work that shift until they call their employer soon before the shift begins.

However, these shifts are still considered mandatory: employees are expected to keep themselves available for the shift right up until the time they call in, and they may face a reprimand or termination if they don’t show up.

If the employee is told not to come in, he or she loses the opportunity to make the money they would have made for working that shift.

Employers allegedly benefit from on call scheduling by being able to draw on a larger pool of employees while ultimately paying wages to only a few of them. By cutting their staff down to just the numbers they need at the very last minute, businesses can save money on labor costs.

But this practice adversely affects employees in a number of different ways. Generally, on call scheduling forces employees to forego other possible uses of their time with no guarantee that they’ll be able to spend that time earning money.

Those who work an additional job can’t schedule work for that job during the time they’re scheduled for their on-call job. Employees also can’t schedule things like doctor’s appointments, running errands, vacations, or other activities during that on call time.

Employees with children can be particularly burdened. They may have to arrange for child care – and possibly have to pay for it too – without knowing whether they’ll actually need it. Alternatively, they may also find themselves scrambling to find child care at the last minute. Similar problems can happen for employees faced with elder care responsibilities.

Does On Call Work Violate the Law?

On call scheduling may be in violation of labor and employment laws, depending on the state. Employment laws governing this issue vary widely from state to state, and some states offer workers more protection than others do.

New York is one of the states offering workers more protection. In April 2015, New York Attorney General Eric Schneidermann sent letters to 13 retailers, seeking information about their use of on call scheduling.

Schneidermann also warned them that on call scheduling may put them in violation of state employment laws. He cited a state law that requires employers to pay employees who show up for work at the employer’s request at least four hours’ worth of wages at the “basic minimum hourly wage.”