The Gap On-Call Shift Investigation

It has been reported that the New York Attorney General’s Office has asked a group of some of the largest retailers in America to provide records in an investigation for labor law violations. The Gap, Inc. is one of the retailers that received notice of the investigation which is looking into a practice that many retailers call on-call shift scheduling. If you are an employee or former employee of the Gap Inc., you may have a claim. If the Gap has scheduled you or designated you to be “on-call shift” which requires you to have little advance notice on what you hours you will be working, you might be owed overtime pay. Please contact us at 213-212-2202 or through the form on this page.

Background

Gap Inc. is a leading global retailer offering clothing, accessories and personal care products for men, women and children under the Gap, Banana Republic, Old Navy, Athleta and Intermix brands. Gap Inc. products are available for purchase in more than 90 countries worldwide through about 3,300 company-operated stores, almost 400 franchise stores, and e-commerce sites.

It is reported that when an employee works an “on call shift,” they find out if they are scheduled for work just hours prior to, or the night before the start of a shift. If they are told to stay home, employees are not paid. These schedules allegedly make it difficult for employees to manage family needs like child care and school schedules. It has been reported that Gap has required employees to remain on-call, and to check in by telephone, text message or email before a scheduled shift to see if they are needed.

This type of labor scheme reportedly allows retailers to adjust staffing based on store traffic forecasts made by scheduling software. Allegedly, the companies can then reduce over-staffing and under-staffing. It has been reported that the “on-call” practice may violate the law, where employers 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. The Gap reportedly has said it is committed to scheduling practices and is conducting research on the matter. Workers have reported that unpredictable scheduling is one of the key challenges facing low-wage workers.

Fair Labor Standards Act

The FLSA was enacted to protect workers’ rights to fair pay and to protect employees from potential abuse from employers. That section requires that, unless otherwise specified and agreed upon, an employer cannot force an employee to work beyond the maximum number of 40 hours a week. If an employee does work over those 40 hours per week, they must be paid 1.5 times their regular pay for each hour worked beyond the maximum 40 hour week. For more on how you can hold employers to account for their actions, read our previous post on employer responsibilities.

Protect Yourself and Your Family

The U.S. Labor Department has reportedly said it is aware of the on-call shift scheduling concerns and is looking into the matter. Our attorneys are investigating on-call shift allegations. To determine whether you or someone you know are eligible to be part of a class action, please contact us at 213-212-2202 or through the form on this page.