Another national retailer _ Urban Outfitters _ has agreed to end so-called “on-call scheduling” for its workers after discussions with Attorney General Eric Schneiderman.
This spring, the attorney general wrote to more than a dozen retailers, seeking details of their use of such scheduling, in which workers only learn of their schedules at the last minute. Labor advocacy groups have been pushing nationwide against the growing practice by retail chains, saying it inhibits workers’ ability to deal with personal issues, arrange transportation, find other jobs or attend classes.
In a statement issued today, Schneiderman said: “Following discussions with my office related to our ongoing inquiry into the practice of on-call scheduling, Urban Outfitters has agreed to end on-call shifts for employees at all New York stores, with a phase-in process starting in November. As part of this agreement, Urban Outfitters has also agreed to provide employees with their schedules at least one week prior to the start of the workweek. Workers deserve basic protections, including a reliable work schedule that allows them to budget living expenses, arrange for childcare needs, and plan their days. I commend Urban Outfitters for taking this important step to ensure that their employees have schedules that are more predictable. Since my office launched an inquiry into scheduling practices earlier this year, Urban Outfitters is the fifth major retailer to end the use of on call-shifts, including Abercrombie & Fitch, Bath & Body Works, Gap, and Victoria’s Secret.”
This spring, Schneiderman also questioned retailers Target, Sears, Kmart, JCPenney, Hollister, Burlington Coat Factory, TJ Maxx and Marshall’s, Pottery Barn, Madewell, Crocs, and Loft. TJ Maxx and Marshall’s responded that their stores do not use on-call scheduling.
Schneiderman cited a 1950s-era state labor law that requires workers who report for duty be guaranteed at least four hours pay at minimum wage. At the current state minimum wage of $8.75, that would be an extra $35.
Schneiderman said many retailers were requiring on-call workers to “report in some manner, whether by phone, text message or email, before the designated shift in order to learn whether their services are ultimately needed on-site that day.”
The attorney general also sought detailed records and reports on how employee shifts are scheduled, and whether companies use complex software systems like Kronos or Workplace Systems to create on-call shifts. The software packages aim to integrate sales data so staffing can be allocated or withheld on short notice to reduce labor costs to the lowest possible level.
Scheiderman also asked the companies to provide employee discipline and termination records related to on-call scheduling.
The issue of on-call scheduling has also draw attention from federal lawmakers. The “Schedules that Work Act” to limit such scheduling has been introduced in Congress, and sponsors include U.S. Sen. Kirsten Gillibrand, D-N.Y., and U.S. Rep. Paul D. Tonko, D-Amsterdam, as well as Democratic presidential candidate Sen. Bernie Sanders, and Sen. Elizabeth Warren of Massachusetts.
This summer, San Francisco passed a municipal law that limits on-call scheduling by certain chain stores.