Labor & Employment

'On-call' work scheduling is probed by New York attorney general

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The New York attorney general’s office is investigating whether on-call scheduling is used by 13 retailers, including Gap, Abercrombie & Fitch, Target, J. Crew, JCPenney and Sears.

At issue is whether requiring workers to check in within hours of their shift violates New York’s labor laws, report the New York Times and the Wall Street Journal (sub. req.). A letter (PDF) asks the retailers to provide scheduling information by May 4.

A New York rule requires at least four hours of pay at the minimum wage for workers who show up for a scheduled shift.

The letter from the attorney general’s office says unpredictable work schedules increase stress and make it difficult to find child care.

“Our office has received reports that a growing number of employers, particularly in the retail industry, require their hourly workers to work what are sometimes known as ‘on call shifts,’ that is, requiring their employees to call in to work just a few hours in advance, or the night before, to determine whether the worker needs to appear for work that day or the next,” the letter stated.

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