Letters To Large Retailers Express Concern About Unpredictable Work Schedules And Seek Information About Companies' Use Of Controversial Scheduling Practice
Attorney General Peter F. Kilmartin, along with officials from attorneys general offices from seven other states and the District of Columbia, sent letters to a number of large retail companies regarding their use of 'on-call' shifts. Employees assigned to such shifts must call their employer, typically an hour or two before a scheduled shift, to find out if they will be assigned to work that day. The letter seeks information and documents related to the companies' use of on-call shifts.
"A majority of retailers no longer use on-call shifts, as they recognize the practice in unfair to employees who must keep their day free, arrange for child care needs, and give up the chance to get another job or attend a class – often all for nothing," said Attorney General Kilmartin. "It is our hope that these remaining retailers will follow suit and end this unjust method of scheduling work hours."
Attorney General Kilmartin sent letters to the following retailers that operate in Rhode Island: Justice Just for Girls, American Eagle Outfitters, Carters, Inc., Coach, Inc., Forever 21, Aeropostale, Inc., Pacific Sunwear of California, Inc., Payless ShoeSource, Inc., Vans VF Corp., and Zumiez, Inc.
The collaboration among attorneys general stemmed from their collective concern about the impact of on-call shifts on employees and their families, as well as the national scope of the retail companies involved.
The letter states, "Unpredictable work schedules take a toll on employees. Without the security of a definite work schedule, workers who must be "on call" have difficulty making reliable childcare and elder-care arrangements, encounter obstacles in pursuing an education, and in general experience higher incidences of adverse health effects, overall stress, and strain on family life than workers who enjoy the stability of knowing their schedules reasonably in advance."
It continues, "Our letter today is prompted by the concerns outlined above and by our shared interest in the well-being of workers nationwide," and notes that certain states have laws regarding reporting or call in pay laws applicable within those jurisdictions.
Rhode Island has a "call in pay" regulation that provides wages for failure to furnish shift work. Rhode Island General Law 28-12-3.2 states, "An employer who requests or permits any employee to report for duty at the beginning of a work shift and does not furnish at least three (3) hours work on that shift, shall pay the employee not less than three (3) times the regular hourly rate. In the event that an employee reports for duty at the beginning of a work shift and the employer offers no work for him or her to perform, the employer shall pay the employee not less than three (3) times the regular hourly rate.
Attorneys General from California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, and New York, sent letters to national or regional retailers in those states where the stores are located. Other stores that were sent letters include Disney, BCBG Maxazria, Tilly's, Inc., David's Tea, and Uniglo. Several offices, like Rhode Island, signed only letters to retailers located within their states.