NY attorney general questions work practices of 13 retailers
Source: Newsday
New York's attorney general has launched an inquiry into 13 major retailers, questioning the practice of keeping workers on call for shifts on short notice and possible violations of the state requirement to pay hourly staff for at least four hours when they report for work.
Letters were sent to Gap Inc., Abercrombie & Fitch, J. Crew Group Inc., L. Brands, Burlington Coat Factory, TJX Companies, Urban Outfitters, Target Corp., Sears Holding Corp., Williams Sonoma Inc., Crocs, Ann Inc. and J.C. Penney Co. Inc.
Attorney General Eric Schneiderman has targeted New York employers who cheat or underpay low-wage workers, getting more than $17 million in restitution for about 14,000 workers from fast food franchise owners, construction contractors and others. His office is now examining retailers and whether reporting in to an employer also triggers the pay requirement under New York law.
"We have been informed that a number of companies in New York State utilize on-call shifts and require employees 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," Labor Bureau Chief Terri Gerstein wrote to the retailers. "We are examining this practice."
Read more: http://www.newsday.com/business/ny-attorney-general-questions-work-practices-of-13-retailers-1.10254972
http://www.reuters.com/article/2015/04/13/us-retail-workers-nyag-idUSKBN0N40G420150413
New York's attorney general has questioned 13 national retailers, including Gap Inc, Target Corp and JC Penney, about "on-call shifts," a staffing practice that requires workers to find out just hours before their shift whether or not they need to report to work.
Attorney General Eric Schneiderman's letter, sent on Friday, alleges that on-call systems leave "too little time to make arrangements for family needs, let alone to find an alternative source of income to compensate for the lost pay" on days the employees are not called in to work.
Some employers require on-call workers to check by phone, email or text message shortly before their designated shift whether their services are needed that day, according to the letter seen by Reuters.
Practices such as on-call scheduling may violate a New York law, according to the letter. Employers in New York are subject to a rule that says employees who report for a scheduled shift on any day have to be paid for at least four hours at the basic minimum hourly wage.
Faux pas
(14,695 posts)for all the down trodden, treated like shit workers out there.
yallerdawg
(16,104 posts)but illuminating. The easiest way to maximize profits is at the expense of the worker.
You stand by while I don't need you, wait, wait, oh now I need you! Ok, the customer left, clock out, wait, wait, wait...
Horrifying!
closeupready
(29,503 posts)That if you were required, as a condition of employment, to be on-call, and you were classified as non-exempt, then that on-call time was to be considered work time, payable as if the employee had been on working premises? I'll see if I can find the cite.
yallerdawg
(16,104 posts)If you pay a person enough per week ($455), you can classify them as exempt management and work them over 40 and not pay them one dime of overtime. Which is how 'retail managers' work 70 and 80 hour work weeks unloading trucks, stocking shelves, sweeping floors, running registers, and spend 5 minutes filling out corporate-generated work schedules.
fasttense
(17,301 posts)You get a pager and you have to be in the store 30 minuets from the time they page you. You have to call the day before to see if you are "on-call". You have to hang out in your uniform waiting for them to page you so you can get into work within 30 minutes. And if they don't page you, you don't get paid. You only get paid for the time you are in the store (that's when you punch in). And this is merely for a sales clerk job at Sears or stocking shelves at Toys-R-Us. This is especially popular during the X-mas season.
But I'm pretty sure the TN state attorney couldn't care less. He's busy stopping unions in Chattanooga. We are a right to work for less state and they pay us as little as they can. They would pay us workers less if they could get away with it.
sunnystarr
(2,638 posts)and they continue to vote the Republicans in. I live in Nashville and have witnessed my grandchildren taken advantage of like this. It's when I miss New York the most.
I'm outraged to watch the Red states race to the bottom in every program that's supposed to help the neediest among us. Cuts in Tenn Care, cuts in food stamps, cuts in welfare and of course pay the minimum they can for labor. They dangle the guns, god, and gay agenda and people are blinded to see what's in front of their faces and vote against their own self interest. It's really depressing.
They truly are the sheep and those of us who aren't have to do what we can to educate and fight for them in spite of themselves.
fasttense
(17,301 posts)There is a good man I know here. He tries to be good to his employees and he really understands how people need a helping hand. Hell, he got a helping hand by attending a college that had no tuition. He knows how we all need help and yet he votes for RepubliCONS every time.
He asked me one day who I was voting for and I told him. It was a democratic leader. He said he was voting RepubliCON. I asked him why. He said don't you know that liberals are murdering babies? I shook my head and told him that a fertilized egg was not a baby.
Response to cal04 (Original post)
closeupready This message was self-deleted by its author.
Freethinker65
(10,064 posts)He is 17 and I asked him what OC meant on his work schedule. He said "on call" and that you need to call 2 hours before to see if you are needed. I told him it sounded sketchy. He is in high school so is ok with it, but admitted it was frustrating for some employees that were trying to work several jobs. It has been a learning experience for him.
kath
(10,565 posts)European stores.
SoapBox
(18,791 posts)I found this fascinating and good for him.
But just heard a rant about this "NY Attorney General" (repeated often but without name), in a Blog post, by a guy that sells vitamin supplements on the HSN TV channel.
Apparently Mr. Schneiderman has also raised the issue of what's in supplements and do they work. OH...as usual, any questions raised about the virtually unregulated, billion dollar sale, supplement industry raises the screeching voices, including this vitamin guy.
I think it sounds great that this "NY Attorney General" is looking into things including supplements.
awoke_in_2003
(34,582 posts)My company is headquartered at LaGuardia airport, so I benefit from this rule. If work calls me in to fix a sim, and I fix it in 15 minutes, I get paid for 4 hours.