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On-Call Employment 4 articles

Fair Labor Standards Act: Wage Theft in the Retail Sales Industry

The Fraud List: Fair Labor Edition

This is the ninth installment in The Fraud List: Fair Labor Series Obviously, it would be illegal for an employer to reach into an employee’s pocket and take $20. Yet, it seems some businesses think it’s fine to alter their worker’s earnings so that they keep more money for themselves. In both cases, it’s stealing, and in both cases, it’s illegal. Wage theft can take many forms and even be difficult for an employee to notice. According to the Fair Labor Standards Act (FLSA), an employee is guaranteed a minimum wage, which may vary depending on location and employer, and ... Read More

Fair Labor Standards Act: When should you be compensated as on the clock?

The Fraud List: Fair Labor Edition

This is the fourth installment in The Fraud List: Fair Labor Series Since 1938, the Wage and Hour Division of the Fair Labor Standards Act (FLSA) has protected working class citizens from exploitation from their employer by ensuring time and a half for overtime pay in certain jobs. While overtime compensation is widely acceptable in most positions, not every worker qualifies to receive overtime, and not every employer is willing to play by the rules. In order to be qualified to earn overtime compensation, an employee must work more than 40 hours a week and earn less than $23,660 a ... Read More

On-call employment scheduling ended by Victoria’s Secret

Earlier this month, on-call employment came into question when one Victoria’s Secret employee filed a lawsuit stating that mandatory on-call shifts resulted in wage theft in the retail industry. According to BuzzFeed News, Victoria’s Secret has now put an end to its on-call scheduling practices. On-call employment is a common practice still utilized by many employers, primarily in the retail industry, as a means of ensuring they have backup employees available if needed. However, since employees are required to call in at least two hours before their scheduled shift, and be available between those hours, on-call workers are unable to accurately schedule ... Read More

On-call employment class action alleges wage theft in retail sales industry

What’s one thing that some part-time Victoria’s Secret employees have in common with doctors, police officers and emergency responders? They’re all required to work “on-call” shifts, except the on-call Victoria’s Secret employees aren’t compensated fairly for the unpredictable scheduling. An on-call employment class-action lawsuit may change soon that. According to BuzzFeed News, the lawsuit against Victoria’s Secret claims that workers should be properly compensated for on-call shifts, even if their shift is cancelled, since they’re required to call in at least two hours beforehand and be available between those hours. As a result of this unpredictability, on-call workers are unable ... Read More