AG HEALEY JOINS MULTISTATE EFFORT TO QUESTION USE OF ON-CALL SHIFTS AT RETAIL STORES

AG HEALEY JOINS MULTISTATE EFFORT TO QUESTION USE OF ON-CALL SHIFTS AT RETAIL STORES

Letters To Retailers Express Concern about Unpredictable Work Schedules and Seek Information about Companies’ Use of Controversial Scheduling Practice

BOSTON – Continuing her efforts to protect vulnerable workers and their families in Massachusetts, Attorney General Maura Healey today questioned the on-call policies of 15 national retailers, all of which have locations in Massachusetts, in letters sent by her and eight other attorneys general.

According to the letters sent Tuesday, employees assigned to on-call shifts are typically required to contact their employer an hour or two before a scheduled shift to learn whether they must work the shift. Work is not guaranteed, and no wages are paid if a worker is not needed.

“Harsh on-call policies hurt working families by requiring low-wage workers to line up daycare, elder care, or other arrangements without any guarantee of compensation,” said AG Healey. “On-call workers must pass up other opportunities to cover a shift or risk losing their job. These policies are bad for workers and their families and we encourage these retailers to no longer use them.”

The retailers are Aeropostale, American Eagle Outfitters, BCBG Maxazria, Carter’s, Coach, David’s Tea, Disney Stores, Forever 21, Justice Just for Girls, PacSun, Payless, Tilly’s, Inc., Uniqlo, Vans, and Zumiez. Each of these retailers has at least one store in Massachusetts, and collectively they have more than 150 stores in the state. A sample of one of the letters can be found here.

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. 

Retail salesperson is the most common occupation in the United States. In Massachusetts, there are over 100,000 retail sales jobs, and entry level retail workers earn, on average, $1,460 a month or $17,520 a year.Although men and women are nearly evenly represented in retail jobs, women are concentrated in low-wage retail jobs. 

In 2015, as a result of an inquiry by New York AG Schneiderman into on-call scheduling, brands including Abercrombie & Fitch, Gap, J.Crew, Urban Outfitters, Pier 1 Imports, and L Brands (parent company of Bath & Body Works and Victoria’s Secret) all agreed to end the practice of assigning on-call shifts.

Joining today’s letter with Massachusetts are attorneys general from New York, California, Connecticut, District of Columbia, Illinois, Maryland, Minnesota, and Rhode Island. Several offices signed only letters to retailers located within their states. 

AG Healey is committed to protecting the economic security of Massachusetts residents, particularly vulnerable workers. AG Healey’s Fair Labor Division is responsible for enforcing the Commonwealth’s wage and hour laws, including minimum wage and overtime laws. Workers who believe that their rights have been violated in their workplace or employers who would like more information about the state’s child labor laws are encouraged to call the Office’s Fair Labor Hotline at (617) 727-3465.

More information about the state's wage and hour laws is also available at the Attorney General's Workplace Rights website www.massworkrights.com.