A controversial form of work scheduling known as “on call” or “call in” scheduling, used by many large retailers, has recently been the subject of scrutiny in several on call lawsuits prompted by an aggressive inquiry from New York’s attorney general.
This investigation is beginning to force change in these retail scheduling structures with Gap Inc. recently ending its on call scheduling policy in response to the attorney general’s warning.
Gap Inc. owns other brands, including Banana Republic, Athleta, and Old Navy, all of which fall under Gap Inc.’s decision to end on call scheduling. According to a spokesperson for Gap, this decision is part of a larger effort to “improve scheduling stability and flexibility” for its workers.
Going forward, Gap plans to give employees at least 10 to 14 days’ notice in shift scheduling, creating a much more stable work environment and paycheck expectations.
What is On Call Employment?
Keeping staff “on call” involves workers being assigned shifts that can be canceled at the last minute without any pay.
On call scheduling practices have been in use for a long time, and are generally associated with emergency response employees such as doctors and firefighters. In these cases, being on call is considered necessary in order to properly deal with emergencies. These workers are compensated for their last minute shifts.
However, the use of on call scheduling for retail employees is a relatively new approach, and has unfortunately become all too common among large retailers.
Employees of retail companies who use this on call scheduling practices regularly find themselves working significantly fewer hours than they were originally scheduled for, and therefore losing out on their income. On call scheduling creates unpredictable hours, which make it difficult to hold another part time job, and causes an employee’s paychecks to fluctuate greatly.
In an attempt to minimize labor costs, companies use software to get a more accurate understanding of exact staffing needs, and eliminate any staff unnecessary on a given day. Keeping workers on call without pay can save a company millions of dollars per year.
The On Call Scheduling Controversy
California labor laws require that employees be paid if they “report for work” but are not allowed to work, and are subsequently sent home. In a recent Victoria’s Secret on call lawsuit, the district judge had to decide whether or not the phrase “report for work” required an employee’s physical presence, or if it could be extended to include employees who called in to ask for shifts as well.
Victoria’s Secret, as well as other large retailers, argue that physically showing up constitutes work and should be compensated, while simply calling in is not work and should not be compensated under California labor laws.
Gap is one of the latest large retailers to end their on call scheduling system as a result of the New York attorney general’s letter. Retailers that have also ended the practice are Abercrombie & Fitch and Victoria’s Secret, both of which conceded this past summer.
If you or someone you know has worked at a California retailer that uses an on call scheduling system, you may be able to file an on call lawsuit for unpaid work hours.
Join a Free California Overtime, Wage & Hour Class Action Lawsuit Investigation
If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone.