Target On-Call Shift Investigation

An investigation at the New York Attorney General’s Office is calling into question the practice of “on-call” or “call-in” shift scheduling, used by many nationwide retailers. When a retailer utilizes call-in shift scheduling, employees are typically required to hold their schedules open for shifts for which they may or may not be asked to work. This type of scheduling has become extremely common, which prompted the New York Attorney General’s labor bureau to send letters to 13 retailers that it believes may not have compensated workers for call-in shifts. Target was among the companies targeted in the investigation.

For more on this wide-ranging investigation, click here and here. If you work, or have worked, for Target, and have been scheduled for call-in shifts without getting paid for your time, please contact us at 213-212-2202 or through the form on this page.

Background

Target is currently the second-largest discount retailer in the United States, behind Walmart. The company operates 1934 stores in the U.S. and employs roughly 366,000 people. Target stores carry a variety of merchandise from apparel and jewelry to electronics and hardware supplies.

As stated above, Target is believed to be one of many nationwide retail chains that employ call-in shift scheduling to staff its sales floors. This type of scheduling allows retailers to minimize labor costs, but comes with a huge price to employees who receive no guarantee of work or pay. For more on how you can hold employers to account for their actions, click here.

Questions on Legality of Call-In Shifts

Typically, when a retail worker’s shift takes the form of “call-in” work, the companies reportedly keep workers on the hook up until the time of the shift. Employees are unable to take classes or other paid work during the scheduled call-in shift because they have to remain available in case they’re needed at the store. Additionally, it is reported that many retailers do not pay employees when shifts are canceled.

Victoria’s Secret was recently sued in California for scheduling call-in shifts. The lawsuit claims in part that companies that require workers to be available on-call should pay them if their shifts are canceled. Many states, including New York and California, have laws that require employers to pay hourly staff when they report to work and their shift is canceled; it is believed that the same protection should be extended when workers are scheduled on-call.

Additionally, some chains reportedly have strict attendance policies that accompany call-in shift scheduling. It is reported that employees who miss calling in during the required time frame prior to a shift, or who do call but cannot make it to work on time, can receive the same punishment as someone who skips a regularly scheduled shift.

“Call-in” shift scheduling has caused many problems for retail workers in the current economy. Many people work several part-time jobs, and are not able to schedule shifts when they are already on-call. The lack of a stable schedule that comes with call-in shifts has become an unhappy reality of retail employment, but despite these problems most retail workers can’t walk away from companies that schedule this way.

Please Contact Us

Lawyers are currently researching class action claims against Target stores, which are believed to have scheduled “call-in” shifts without paying employees. If you work, or have worked, for Target, and have been scheduled for call-in shifts without getting paid, please contact us at 213-212-2202 or through the form on this page. Contact our attorneys if you have any questions or concerns regarding this investigation.