NEW YORK - Attorney General
Eric Schneiderman, along with attorneys general from seven other states
and the District of Columbia, announced that six major retailers have
agreed to stop using on-call shift scheduling following an inquiry by
the multi-state coalition of AGs. An estimated 50,000 workers nationwide
will benefit from the agreements to end the burdensome scheduling
practice, which requires employees to call their employer -- typically
an hour or two before a scheduled shift -- to find out if they will be
assigned to work that day. The agreements with these six companies are
the latest in a series of groundbreaking national agreements secured by
the New York Attorney General's office to end on-call scheduling at a
number of major retailers.
The six companies -- Aeropostale, Carter's, David's
Tea, Disney, PacSun, and Zumiez -- were among 15 large retailers who
received a joint inquiry letter from the nine attorneys general in April
of this year seeking information and documents related to their use of
on-call shifts. These six companies reported that they were using
on-call shifts, but after discussions with the AGs offices, all agreed
to stop doing so, and none are currently using on-call shifts.
In
addition to ending the use of on-call shifts, four of the companies --
Carter's, Disney, David's Tea, and Zumiez -- all committed to providing
employees with their work schedules at least one week in advance of the
start of the workweek. Such advance notice allows employees to plan
ahead to cover child care and other obligations.
In
2015, as a result of an inquiry by Attorney General Schneiderman into
on-call scheduling, brands including Abercrombie & Fitch, Gap,
J.Crew, Urban Outfitters, Pier 1 Imports, and L Brands (parent company
of Bath & Body Works and Victoria's Secret) all agreed to end the
practice of assigning on-call shifts.
"On-call
shifts are not a business necessity and should be a thing of the past.
People should not have to keep the day open, arrange for child care, and
give up other opportunities without being compensated for their time,"
said Attorney General Schneiderman. "I am pleased that these companies
have stepped up to the plate and agreed to stop using this unfair method
of scheduling."
These
six companies, as well as others involved in a 2015 inquiry by Attorney
General Schneiderman's office, all found alternative staffing methods
for addressing unanticipated employee absences or fluctuations in
business volume; typically, some kind of pool arrangement has been
implemented in lieu of on-call shifts.
The
collaboration among attorneys general stemmed from their collective
concern about the impact of on-call shifts on employees and their
families, as well as the national scope of the retail companies
involved.
The
April letter states, "Unpredictable work schedules take a toll on
employees. Without the security of a definite work schedule, workers who
must be 'on call' have difficulty making reliable childcare and
elder-care arrangements, encounter obstacles in pursuing an education,
and in general experience higher incidences of adverse health effects,
overall stress, and strain on family life than workers who enjoy the
stability of knowing their schedules reasonably in advance."
It
continues, "Our letter today is prompted by the concerns outlined above
and by our shared interest in the well-being of workers nationwide,"
and notes that certain states have laws regarding reporting or call in
pay laws applicable within those jurisdictions.
Attorney
General Schneiderman's Office sent letters to the following 15
retailers and was joined by some or all of the attorneys generals with
retail locations in their respective states: American Eagle,
Aeropostale, Payless, Disney, Coach, PacSun, Forever 21, Vans, Justice
Just for Girls, BCBG Maxazria, Tilly's, Inc., David's
Tea, Zumiez, Uniqlo, and Carter's. Nine of these companies responded
that they did not use the practice of on-call scheduling or had recently
ended it.
New
York State has a "call in pay" regulation that provides, "An employee
who by request or permission of the employer reports for work on any day
shall be paid for at least four hours, or the number of hours in the
regularly scheduled shift, whichever is less, at the basic minimum
hourly wage." (12 NYCRR 142-2.3)
The
letters were signed by representatives of the attorneys general of
California, Connecticut, the District of Columbia, Illinois, Maryland,
Massachusetts, Minnesota, New York, and Rhode Island. Several offices
signed only letters to retailers located within their states.
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