New On-Call Scheduling Inquiry Spurred by Nine Attorneys General
Fair Workweek Initiative, retail workers applaud efforts to bring more stability to workers’ lives
04.13.2016
NEW YORK – The Center for Popular Democracy’s Fair Workweek Initiative commended the nine Attorneys General from California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and Rhode Island for expanding a probe into the retail industry’s use of unpaid on-call shifts and other harmful scheduling practices.
Today, New York Attorney General Eric Schneiderman announced a round of letters was sent to 15 retailers, including Forever 21, American Eagle Outfitters, Uniqlo, Aéropostale, Payless ShoeSource, Coach, and the Disney Store, inquiring about each retailer's use of on-call shifts, which can require workers to be available for work without a guaranteed shift and report to their job with just a few hours notice. The practice poses a potential violation of state reporting pay laws, which require employers to give workers minimum pay even when a shift is cancelled or shortened. Some states without reporting pay laws, such as Maryland, Minnesota and Illinois, signed onto the letter to express concern about the impact of last-minute on-calling scheduling on the well-being of workers and their families.
This inquiry follows a similar one launched by Attorney General Schneiderman last year. The first round of letters prompted six retail brands including the Gap, Victoria’s Secret and Abercrombie & Fitch to end on-call scheduling – impacting more than 250,000 workers. This new regulatory action by additional Attorneys General speaks to growing concerns about the harm that erratic hours inflict on workers and their families.
The Fair Workweek Initiative works with policymakers, workers and grassroots coalitions across the country to ensure that workers have the hours they need to thrive. New scheduling protections were implemented in San Francisco and Santa Clara County last year. This year, work hours bills are on the radar in Seattle, Washington, DC, Connecticut, Massachusetts and Minnesota, while San Jose is pursuing the first-ever ballot measure addressing hourly workweeks with a provision that would provide part-time workers the opportunity to work additional hours. The efforts are drawing the attention of national media around the country.
Workers, policymakers, advocates and researchers are available for interview through the Fair Workweek Initiative.
Carrie Gleason, Director of the Fair Workweek Initiative, released the following statement:
“Over the past year, workers have been speaking out about the struggles caused by increasingly unpredictable hours. On-call shifts make it hard to find childcare, see a doctor, or care for family members. Workers should not have to choose between living with dignity and getting enough hours to put food on the table. It is heartening to see more and more policymakers and regulators take action to address a crisis affecting millions of Americans.”
In Connecticut, Julio Lopez, Lead Organizer at Make the Road, also released a statement:
“Providing reliable schedules enables workers to reach their full potential, letting them thrive in today’s changing economy. We will continue to put the heat on employers until schedules across the industry are reliable and fair.”
In Illinois, Katelyn Johnson, Executive Director of Action Now, also released a statement:
“On-call shifts wreak havoc on the lives of hardworking people across the country. We are glad that these Attorneys General are responding to the voices of millions who have asked for more reliable schedules that let them plan their budgets and their lives.”
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The Center for Popular Democracy promotes equity, opportunity, and a dynamic democracy in partnership with innovative base-building organizations, organizing networks and alliances, and progressive unions across the country. CPD builds the strength and capacity of democratic organizations to envision and advance a pro-worker, pro-immigrant, racial justice agenda
The Fair Workweek Initiative, anchored by the Center for Popular Democracy and CPD Action, is driving the growing momentum to restore a workweek that enables working families to thrive.
Contact:
Asya Pikovsky, apikovsky@populardemocracy.org, 207-522-2442
Anita Jain, ajain@populardemocracy.org, 347-636-9761