Major Retailers End On-Call Scheduling: Patrick McNicholas Discusses the Effects on Employees and What Retailers Can Do in Human Resource Executive Article

Posted on January 27, 2017

After several state attorney generals recently notified retailers that they would be liable under state laws to compensate employees at a minimum rate for being on-call, major retail companies, such as Disney, Aeropostale and Carter’s agreed to end their on-call scheduling practices.

In the article “Hanging Up on On-Call Scheduling,” Human Resource Executive turned to Partner Patrick McNicholas to discuss the effects of this practice. “On-demand employees’ lives were made unstable by unpredictable pay,” said Pat. “Using these methods to ensure that employers have flexibility when they find some days busier than others unfairly shifts the burden and expense to the employees.”

Pat offers a solution for retailers that still rely on flexible workers, noting, “Technology that enables flexible scheduling will make it more equitable for employees who want to pick up another shift.”

In 2015, Pat filed several separate class action lawsuits against major retailers, including Gap, Inc. and Abercrombie & Fitch Co. for not paying employees for time spent reporting to work, which led to many of these retailers ending their on-call shift policies.

Read full article.

McNicholas & McNicholas
McNicholas & McNicholas
McNicholas & McNicholas
McNicholas & McNicholas
McNicholas & McNicholas
McNicholas & McNicholas

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