Call-In Shift Allegations for J Crew

Many nationwide retailers’ practice of “on-call” or “call-in” shift scheduling is being called into question by a recent investigation by the New York Attorney General’s Office. Employees are typically required to hold their schedules open for shifts for which they may or may not be asked to work, when retailers utilize the controversial call-in shift scheduling. The New York Attorney General’s labor bureau was prompted to send letters to 13 retailers that it believes may not have compensated workers for call-in shifts, as this type of scheduling has become extremely common. J Crew was among the companies contacted in the investigation. For more on this wide-ranging problem, click here and here. If you or anyone you know has worked for J Crew for call-in shifts without getting paid for that time, please contact us at 213-212-2202 or through the form on this page.

Background

J Crew operates through more than three hundred retail locations throughout the U.S., as well as online, catalogs, and its Madewell stores. The company specializes in men’s, women’s, and children’s accessories and apparel like swimwear, loungewear, outerwear, wedding attire, bags, sweaters, denim, jewelry and several other types of goods. As previously reported, J Crew is alleged to be one of several nationwide retail chains that heavily rely on call-in shift scheduling to staff its stores. Retailers reportedly use this type of scheduling to minimize labor costs, but the price to employees who receive no guarantee of work or pay is very high. For more on how you can hold employers to account for their actions, click here.

Call-In Shifts’ Legality Questioned

It is reported that companies keep workers on the hook for shifts up until very close to start time typically, when a retail worker’s shift takes the form of “call-in” work. Since employees have to remain available in case they’re needed at work many are reportedly unable to take classes or other paid work during the scheduled call-in shift. In addition, many people report that a lot of these retailers do not pay employees when their shifts are canceled at the last minute.

A recent lawsuit in California against Victoria’s Secret was based on the practice scheduling call-in shifts. Companies that require workers to be available on-call should pay them if their shifts are canceled according the lawsuit. Laws requiring employers to pay hourly staff when they report to work and there is canceled are on the books in several states, including New York and California. It is believed that the same protection should be extended when workers are scheduled on-call. Some chains allegedly have strict attendance policies that accompany call-in shift scheduling. For example, 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, reportedly have received the same punishment as someone who skips a regularly scheduled shift.

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. Short notice shift scheduling like this has reportedly caused many problems for retail workers in the current economy. When people work several part-time jobs, it may be very tough for them to schedule shifts when they are already on-call at another one of their jobs.

Protect Your Financial Situation

Lawyers are currently researching class action claims against J Crew stores, which are believed to have scheduled “call-in” shifts without paying employees. If you work, or have worked, for J Crew, 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.