A group of the largest retailers in the United States has been asked by the New York Attorney General to provide records in an investigation for labor law violations. Abercrombie & Fitch (“Abercrombie”), 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 Abercrombie & Fitch, you may have a claim. If Abercrombie & Fitch has scheduled you or designated you to be “on-call shift” which requires you to have little advance notice on what hours you will be working, you might be owed overtime pay. Please contact us at 424-245-5505 or through the form on this page.
Background
Abercrombie & Fitch Co. is an iconic retailer that owns stores and direct-to-consumer operations, offering lifestyle clothing and accessories for men, women and children under the Abercrombie & Fitch, Abercrombie Kids, and Hollister brands. Abercrombie & Fitch products are available for purchase in many countries around the world and on the web. Abercrombie sells through 799 company-operated stores in the United States, many stores around the globe, and online.
Allegedly 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. Employees do not receive pay, if they are told not to report to work. This type of scheduling makes it very tough for employees to manage family needs like child care and school schedules. It has been reported that Abercrombie & Fitch has required employees to remain on-call, and to check in before their scheduled shifts by phone or online to see if they are needed. For more on this critical investigation, read about the Gap Store and Burlington Coat Factory investigations.
Retailers are reportedly able to adjust staffing based on store traffic forecasts made by scheduling software and using this type of labor scheme. Reportedly, the companies can then reduce over-staffing and under-staffing. The “on-call” practice may violate the law, which makes employers pay 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. Research data shows 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.
Protect Your Rights
The on-call shift scheduling is a high priority for the U.S. Labor Department and it 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 424-245-5505 or through the form on this page.
