California Retailers Investigated For On-Call Shifts

Major California retail chains are facing scrutiny over allegedly requiring employees to take on-call shifts, meaning workers must be available to show up for work but they might not end up getting paid for the on-call hours.

While a good deal for the employers, retail on-call scheduling practices may be a violation of California’s wage and hour laws. Employers are required to pay employees for on-call shifts under certain circumstances, but often do not.

California retail workers have voiced their concerns about having to check in with a supervisor a few hours prior to showing up for an on-call shift. This often means that employees have to place life on hold while they wait to find out if they’re needed for work. The on-call scheduling practice also means workers with children must often find last minute child care.

If a supervisor determines that a retail employee is not needed for an on-call shift, the worker does not get paid for the time spent waiting. In addition to the lost wages, the practice also prevents employees from finding a second job if they need more hours.

California On-Call Retail Schedule Practice

On-call shifts have become a popular option for addressing scheduling needs, especially in large retail stores that use scheduling software to determine the precise number of employees needed in order to maximize sales while minimizing staff costs.  According to a labor advocacy group, retail employees may be scheduled for up to eight on-call shifts within a pay period, but only end up getting called in for one of them.

Last year, San Francisco addressed various complaints about on-call shifts and unpredictable schedules by passing a “retail worker bill of rights.” This new law requires employers to post work schedules weeks in advance. Other states are considering following with similar labor regulations.

California On-Call and Standby Laws

California labor laws have a set of standards that determine whether or not employees should receive payment for on-call shifts. California wage and hour laws state that “an employer is obligated to pay the wages of an hourly employee for all time that the employee is under the control of the employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.”

The California court system will determine if an employee should receive payment for standby time by looking at the agreement made between the employer and employee. They will also factor in to what extent the employee is free to engage in personal activities during the standby time. If the standby time for an on-call shift means that the employee is not free to enjoy personal activities then the employer must compensate them for their time.

The California Department of Labor Standards will also use the following factors to determine if an employee deserves payment for on-call shifts including:

• Can the employee easily trade his or her on-call responsibilities with another employee?
• Is the required response time unfairly restrictive?
• Are there excessive geographical restrictions on the employees’ movements?
• To what extent can the employee engage in personal activities during on-call periods?
• Is the frequency of calls unfairly restrictive?