Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘scheduling’

Gap Will End Scheduling Practices That Wreak Havoc On Workers’ Lives

Sunday, August 30th, 2015

Bryce CovertIn a blog post on Wednesday, Andi Owen, global president for Banana Republic at Gap Inc., announced that the company will end the practice of on-call scheduling and commit to giving employees at least 10 days advance notice of their schedules.

All five of its brands will phase out on-call scheduling, in which employees are required to be available to work on a given day but not guaranteed that they will actually be asked to come in, by the end of September. They will also all provide workers with at least 10 to 14 days notice of when they’ll be working by early 2016.

The company says the changes come from an evaluation it’s conducted over the last year to improve its scheduling practices along with a pilot it launched in July of last year with the help of Professor Joan Williams of UC Hastings’ College of Worklife Law. But it also comes after New York Attorney General Eric Schneiderman began an investigation into the scheduling practices of 13 large retailers and whether they violated a New York state law and sent them all a letter. The investigation had already produced results: earlier this month, Abercrombie & Fitch announced it would end on-call scheduling in New York stores by the end of the year. Those employees will also get their schedules at least a week in advance. Victoria’s Secret, which also received a letter from Schneiderman’s office, has also ended on-call shifts.

Other brands received the letter but haven’t made changes yet, including Ann Inc. (owner of Ann Taylor), Burlington Stores, Crocs, J.C. Penney, J. Crew, Sears, Target, TJX (owner of TJ Maxx and Marshall’s), Urban Outfitters, and Williams-Sonoma.

Starbucks’s scheduling practices also came under fire in a New York Times story last year, after which the company took quick action to end the practice of “clopening,” or shifts where employees close stores late at night and then have to come back in a few hours later to open them for the next day, and post schedules at least a week in advance.

But overall, employees often have to deal with erratic and difficult schedules. At least 17 percent of the American workforce has an irregular schedule, including on-call shifts, split shifts (two different shifts in one day), or rotating ones, although that is likely an undercount. Nearly half of part-time workers and just under 40 percent of full-time workers don’t find out their schedules until a week ahead or less. It’s concentrated in retail, where erratic schedules impact 27 percent of the workforce. One survey of retail workers in New York City found that 40 percent didn’t have a set minimum of hours they worked week to week and a quarter had on-call shifts.

Some lawmakers have looked at ways to address these problems. Earlier this year, Democratic Sens. Elizabeth Warren (MA), Patty Murray (WA), and Chris Murphy (CT) with Reps. Rosa DeLauro (CT) and Bobby Scott (VA) re-introduced the Schedules that Work Act, which requires at least two weeks’ notice of schedules and pay for workers who get sent home before the end of their shifts or are on call but not asked to work. In San Francisco, legislation actually passed to require retail chains to give workers at least two weeks’ notice of schedules and pay employees for on call shifts that get canceled. Similar legislation has been proposed in Minneapolis and Washington, D.C.

Gap also announced that it was raising its minimum pay to at least $10 an hour early last year, a move that has since been followed by a number of large retailers.

This blog originally appeared at ThinkProgress.org on August 27, 2015. Reprinted with permission.

About the Author: Bryce Covert is the Economic Policy Editor for ThinkProgress. She was previously editor of the Roosevelt Institute’s Next New Deal blog and a senior communications officer. She is also a contributor for The Nation and was previously a contributor for ForbesWoman. Her writing has appeared on The New York Times, The New York Daily News, The Nation, The Atlantic, The American Prospect, and others. She is also a board member of WAM!NYC, the New York Chapter of Women, Action & the Media.

Democrats push to limit abusive work scheduling practices like split shifts

Wednesday, July 22nd, 2015

Laura ClawsonLow hourly wages aren’t the only thing that keep workers in the fast food and retail industries struggling. Scheduling matters, too. These days it’s common for workers to not know their schedules more than a week ahead; to be on call, ready to go to work with no notice, but not guaranteed any pay; for their hours (and therefore their paychecks) to vary enormously month to month; or to be forced to work split shifts, with a few hours of work in the morning and a few hours at the end of the day. All of this doesn’t just affect paychecks, it makes it difficult for workers to raise their incomes by getting a second job, and it costs them as they try to line up child care for unpredictable schedules. Democrats, led by Sens. Elizabeth Warren, Patty Murray, and Chris Murphy and Reps. Rosa DeLauro and Bobby Scott, have a bill to fix that, or at least start to fix it: the Schedules That Work Act.

The bill:

Protects Workers who Ask for Schedule Changes
All employees of companies with more than 15 workers will have the right to request changes in their schedules without fear of retaliation. Employers would be required to consider and respond to all schedule requests, and, when a worker’s request is made because of a health condition, child or elder care, a second job, continued education, or job training, the employer would be required to grant the request unless a legitimate business reason precludes it.Incentivizes Predictable and Stable Schedules in Occupations with Known Scheduling Abuses
Employees in food service, cleaning, and retail occupations—as well as additional occupations with documented scheduling abuses designated by the Secretary of Labor—will now get their work schedules two weeks in advance and will receive additional pay when they are put “on-call” without any guarantee that work will be available; report to work only to be sent home early; are scheduled for a “split shift;” or receive changes to their schedule with less than 24 hours notice.

There are two things to note about this: First, it’s the kind of bill Democrats wouldn’t be proposing without worker activism drawing attention to the problem. Second, it’s the kind of bill Republicans will never pass, so for workers to have these protections, we need to elect Democrats.

This blog was originally posted on Daily Kos on July 16, 2015. Reprinted with permission.

About the Author: The author’s name is Laura Clawson. Laura has been a Daily Kos contributing editor since December 2006  and Labor editor since 2011.

Your Rights Job Survival The Issues Features Resources About This Blog