Williams Sonoma Call-In Shift Allegations

Some of the largest retailers in the United States have been asked by the New York Attorney General’s Office to provide records in an investigation for labor law violations. One of the retailers that received notice of the investigation which is looking into a practice that many retailers call on-call shift scheduling is Williams-Sonoma, Inc. You may have a claim if you are an employee or former employee of Williams Sonoma. If Williams Sonoma or any of its affiliated businesses has scheduled you for call-in shifts which require you to have little advance notice of what 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

Williams-Sonoma is in the upscale home and kitchen retail business offering furniture, linens, kitchenwares and housewares, home furnishings, specialty foods and soaps. The parent company Williams-Sonoma, Inc., owns and operates Pottery Barn, Pottery Barn Kids, Williams-Sonoma Home, West Elm, Mark and Graham, Rejuvenation, Williams-Sonoma, and the online stores of the same names. The companies employ hundreds of hourly employees across the United States.

How ”On-Call” and “Call-In” Shifts Work

When employees work “on call shifts,” it is reported that they find out if they are scheduled for work just hours prior to, or the night before the start of a shift. Employees are not paid when they are told to stay home when calling in to check. Reportedly these schedules make it difficult for employees to manage family needs like child care and school schedules. It has been alleged that Williams-Sonoma, Inc. 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. Williams-Sonoma, Inc. reportedly has said it is committed to fair scheduling practices and has stopped this kind of scheduing. Workers have reported that unpredictable scheduling is one of the key challenges facing low-wage workers. For more on this wide-ranging investigation, click here and here.

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.

Protect What Is Rightfully Yours

It has been reported that the U.S. Labor Department has said it is aware of the on-call shift scheduling concerns and is looking into the matter. For more on how you can hold employers to account for their actions, click here. 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.