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CPD In the News

| Restoring a Fair Workweek
Published By:Orchard Park Bee

Attorney general reaches agreement with companies to stop on-call scheduling

 Several major retailers across the state and in Western New York have agreed to end on-call shift scheduling.

The announcement came from Attorney General Eric Schneiderman, who has worked with attorneys from several states to secure the agreement. The six major retailers agreeing to stop the practice include Aeropostale, Carter’s, David’s Tea, Disney, PacSun and Zumiez.

On-call scheduling requires employees to call their employers an hour before their shift starts to find out if they will be assigned to work that day. If the workers are not scheduled, Schneiderman says they are not compensated for their time, despite being required to keep their schedule open.

“On-call shifts are not a business necessity and should be a thing of the past,” said Schneiderman in a press release. “People should not have to keep the day open, arrange for child care, and give up other opportunities without being compensated for their time.”

The agreement comes after the attorney general sent out a letter earlier this year, detailing the challenges employees face with the on-call scheduling system.

The letter read in part, “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.”

The AG’s office also requested documents relating to the companies’ use of on-call shifts.

In addition to ending the use of on-call shifts, Carter’s, Disney, David’s Tea and Zumiez’s have agreed to provide their employees with their work schedule one week in advance.

The AG’s office says the companies were able to find alternative methods for staffing stores during an unexpected employee absence or during a slow time for businesses.

“This latest announcement shows the sweeping positive impact that Attorney General Schneiderman's actions have had on the lives of people working in retail,” said Carrie Gleason, director of the Fair Workweek Initiative at the Center for Popular Democracy. “Today, we are seeing retailers across America take steps to curb unnecessary and unfair on-call scheduling.”

In 2015, as a result of an inquiry by Schneiderman into on-call scheduling, stores including Abercrombie & Fitch, Gap, J.Crew, Urban Outfitters and Pier 1 Imports all agreed to end the practice of assigning on-call shifts.

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