How to File an On Call Scheduling Lawsuit

Retailers’ employment practices have been under scrutiny by various government agencies. Hiring practices, wages, and benefits  all have been the subject of investigations and class action lawsuits.

One such class action lawsuit initiated by a former Victoria’s Secret employee who claims that Victoria’s Secret violated employment laws by forcing employees to work on call job schedules, requiring employees to be available with no guarantee of getting any work, or pay.

The Victoria’s Secret on call lawsuit, taking place in California, is happening in parallel to an investigation into on call scheduling by the New York State attorney general’s office.

Each could have a wide-reaching impact on how retailers treat their employees, and are being closely watched both by employers and the worker groups pushing them to change their work scheduling practices.

What is On Call Employment?

On call scheduling is a practice some employers use which puts employees on stand by.  Employers may call employees on-call into work on short notice if additional employees are needed.

If the employee is on-call and called into work, the employee is expected to report to work shortly after called in. On-call scheduling can prevent the employee from obtaining another job, making personal plans or traveling.

On call scheduling may also occur when employees are given a schedule with a short amount of advance notice.  Employees may be given work schedules a few days, or one day, before being scheduled to work.

Employees are typically not paid for the time spent “on call.”  This practice may be in violation of labor laws.

On Call Laws

These on call scheduling practices, critics say, risk running afoul of state reporting time pay laws (which require employees to be paid for a certain minimum number of hours just for reporting to work) and negatively affect employees.

Eight states and the District of Columbia currently have reporting time pay laws in place. For example, under California law, an employee must be paid for at least two hours of work at his or her regular rate of pay for each workday that he or she is required to report to work — even if the employee is not actually put to work.

Additionally, in November, San Francisco passed the Retail Workers Bill of Rights, which requires retail chains to pay employees who have to be on call for a shift even if it gets canceled, as well as to give workers at least two weeks notice of their work schedules or pay them “predictability pay.”

Filing An On Call Lawsuit Against an Employer

When an employer fails to fulfill obligations to workers, employees can file lawsuits for violations of labor and employment laws.  If an employer fails to pay wages due as sometimes in the case of on call scheduling, there are a number of options available to employees.

One of these is to file a private or class action lawsuit against the employer to recover unpaid wages and possibly other damages. The remedies that may be available if an employee is successful in a wage and hour claim against an employer are:

• Recovery of all unpaid wages for hours worked.
• Recovery of any unpaid overtime.
• Punitive damages or penalty damages.
• Attorney fees and court fee expenses.

If your employer has not paid you the wages that you have earned, you should contact an employment attorney immediately. A lawyer with experience in employment law and litigation can provide you valuable assistance.

In most states, if the employee prevails in proving nonpayment of wages due to violations of on call scheduling laws in court, he or she is entitled both to back pay (payment of all unpaid wages) as well as to payment of attorney’s costs and fees.