On call scheduling is a practice used by employers where employees are given minimal notice regarding whether their attendance is required at work or whether they are to stay home without pay.
This practice may require employees to keep their schedules open, forego other income generating activities, and arrange for last minute child care, amongst other things. Several states recently investigated the practices of 15 retailers who use on-call scheduling. The letters requested additional information about each retailer’s scheduling practices and how such practices are in accordance with relevant state laws. For example, New York law requires that an employee who is called in under this practice be paid for at least four hours of work, “or the number of hours in the regularly scheduled shift, whichever is less, at the basic minimum hourly wage.” Since the recent probe, several companies have announced that they will stop using this practice in their stores.
Finkelstein, Blankinship, Frei-Pearson & Garber, LLP has recovered millions of dollars for victims of wage violations and is currently investigating claims regarding on-call-scheduling. If you or someone you know works, or have worked for a retailer that utilizes this practice, please contact us to discuss your legal options.