Michael Kent Discusses Several Class Action Lawsuits Over On-Demand Scheduling
In an article published in the Society for Human Resource Management (SHRM), Attorney Michael Kent discussed the eight class action lawsuits McNicholas & McNicholas has filed this year in conjunction with co-counsel Bridgford, Gleason & Artinian. Some of the retailers named in lawsuits, including Abercrombie & Fitch, Bath & Body Works and Gap, already have done away with on-call scheduling as of this year, following a spring 2015 letter from New York’s attorney general to 13 retailers about the practice.
Mr. Kent said, “We believe with the emergence of the sharing economy, there are alternatives to these scheduling practices,” and suggested that an app format similar to Uber’s model could be used to see who is available to work.
On-demand scheduling, which requires employees to call in an hour or two before their shift is scheduled to begin to see if they have to report to work, is unfair and unlawful, according to Mr. Kent. The lawsuits allege that on-call scheduling violates California state reporting time pay laws, which require pay for workers who show up to work, but then are sent home.