The Truth Behind the “No-Call, No-Show”
There is a new form of wage theft on the rise, shifting the offender from the employee to the employer. In an article published by Chain Store Age, Partner Patrick McNicholas and Attorney Michael Kent explore the illegal practice some employers have taken to avoid paying and reporting time premiums.
Employee misclassification schemes have been around for decades. However, the practice of misclassifying employees’ schedules in order to shift the business expenses associated with scheduling from the employer to the employee has become more common in recent years. This practice involves employers scheduling their employees to work “regular” and “on-call” shifts. “On-call” employees are often mandated to call one to two hours prior to their shift to determine whether they are needed that day. If the manager is unavailable to confirm at the time of the call, the employee must still report to work but is not necessarily given hours to work. This practice allows employers to schedule employees full or nearly full-time work without adequate pay or benefits.
Companies that thrive on excess capacity, like Uber and Lyft, have capitalized on employees’ excess time and availability, resulting in the near death of the taxi and private driver sector. These advances, coupled with the emergence of technology, have provided a means for employers to find more efficient ways to schedule employees without putting their lives on hold.