On-Call Employees

News & Analysis as of

Ninth Circuit Poised to Say “Call Me, Maybe”

Seyfarth Synopsis: The Ninth Circuit has suggested it might upset longstanding “on call” practices by making California employers liable for “reporting time” pay to employees who phone in ahead of their schedule, only to find...more

Seattle Secure Scheduling Ordinance Set to Take Effect July 1, 2017

On Sept. 19, 2016, the Seattle City Council unanimously passed the Secure Scheduling Ordinance, which applies to large retail and food service employers in Seattle. It requires these employers to provide employees with...more

The $90 Million Question: Can You Rest While On Call?

Seyfarth Synopsis: Does carrying a pager nullify a rest break? What about the possibility of being tapped on the shoulder by your boss? Or being called on your cell phone? The California Supreme Court considered these and...more

Hurricane season brings unique employer issues

In the aftermath of Hurricane Matthew, evacuation orders are lifting and recovery efforts are in their early stages. Employers are facing a number of storm-related issues as they prepare to resume normal operations. Here...more

Seattle’s New Secure Scheduling Ordinance

The Seattle City Council unanimously passed the Secure Scheduling Ordinance (Ordinance) on September 19, 2016. The Ordinance imposes new requirements on certain employers in the retail and food services industries for their...more

Seattle City Council Approves Secure Scheduling Ordinance

As widely anticipated, on September 19, 2016, the Seattle City Council passed the Secure Scheduling Ordinance (SSO), CB 118765, by a unanimous vote. The SSO mandates that large retail and food service employers provide two...more

BIG BROTHER: Seattle’s Secure Scheduling Ordinance Will Be Watching Employers’ Every Move

On September 19, the Seattle City Council unanimously passed a secure scheduling ordinance that will regulate how large retail stores and food-service employers schedule workers working in Seattle. Mayor Ed Murray is expected...more

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation: Employment and Labor Law Issues,...

The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent...more

Court Rejects Qui Tam Attack on Standard On-Call Contract

On June 10 the Third Circuit affirmed a lower court’s dismissal of a physician’s qui tam action against Pottstown Memorial Medical Center (PMMC) for violating the Anti-Kickback Statute (AKS) and False Claims Act (FCA). And...more

Retailers’ On-Call Scheduling Practices Under Scrutiny in Eight States and D.C.

On April 12, 2016, New York Attorney General Eric Schneiderman sent letters to fifteen retailers requesting information regarding their use of “on-call shifts” in scheduling employees. The letters were similar to those...more

New Jersey Bills Would Burden Employers with Scheduling and Pay Rules

Both the New Jersey General Assembly (A1117, reported out of committee on April 4) and Senate (S1397, introduced on February 11, 2016) have introduced bills to enact the “New Jersey Schedules That Work Act,” a law that would...more

Employment Law - May 2016

California Increases Amount Paid for Family, Disability Leave - Why it matters - In the latest changes to California employment law, Governor Jerry Brown signed an amendment increasing the payment to employees for...more

“On Call” Shifts Still In the Hot Seat in Massachusetts

The Massachusetts Attorney General’s Office Fair Labor Division has joined a multistate effort questioning retail stores’ use of “on call” shifts. Last week, the Massachusetts AG’s Office teamed up with its counterparts from...more

Attorneys General From Nine States Cooperate on Predictable Scheduling Inquiries of Retailers

As we previously reported, “predictive scheduling” is one of the most closely watched issues by retailers today. In April 2015, New York State Attorney General Eric T. Schneiderman garnered national news headlines when he...more

DOL to Revive Survey to Assess Members of "Gig" Economy

The changing nature of employment, including the move to more online-based commerce, has increased the number of on-demand or "gig" workers. Estimates vary as to the number of workers in the so-called gig economy, but most...more

Employers Again Brace for Winter Storms

With severe winter weather predicted for much of the East Coast and extending as far west as Central Arkansas, employers should be prepared to address the impact of the winter storms on their businesses. Issues employers may...more

Pushing Back on Just-in-Time Scheduling

In September 2014, this blog asked the question: “Is Just-in-Time Scheduling Good for Business?”  Twenty months later, it seems like that question has been answered and our prediction that retailers may be legally required to...more

On-Call Scheduling Under Attack

The Bureau of Labor Statistics recently released its annual report on productivity and costs for the retail trade industry, and there’s good news and bad news for retailers. The good news is that, for 2014, productivity in...more

Predictive Scheduling: A Primer for Retail and Hospitality Employers

One of the most closely watched issues today among retail and hospitality employers is “predictive scheduling,” or as opponents call it, “restrictive scheduling.” Predictive scheduling has become the new cause célèbre among...more

Telecommuting - Employees Enter the Sharing Economy? (Part 1)

As onrushing technological changes continue to disrupt our society, the concepts of how we work and, more particularly, where we work, are not immune from that disruption. Forbes Magazine reports that 11 percent (8,000...more

Retail and Consumer Products Law Roundup - November 2015 #2

California Updates Data Security Laws - Why it matters: The first state to enact data breach notification legislation, California has now updated Civil Code Section 1798.82 with three new bills signed into law by...more

Employment Law - October 2015 #3

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

Hurricane Preparedness Applies at Work as Well as at Home – Questions Employers May Face This Season

Florida Governor Rick Scott has declared a state of emergency as forecasters continue to track the path of Tropical Storm Erika, which is predicted to hit the state on Monday. Although it is unclear how strong the storm will...more

Appellate Court Notes

Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

Countdown to July 3 for San Francisco Retailers to Modify Flexible Scheduling Practices

We have written before of the growing movement to suppress the flexible scheduling practices commonly employed in the retail industry. Retailers have long used factors such as projections of sales traffic, conversion rates,...more

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