On-Call Employees

News & Analysis as of

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

Employment Law - June 2015

Actual Knowledge by Employer Not Necessary for Title VII Religious Discrimination Claim, U.S. Supreme Court Rules - Why it matters: In a closely watched case, the U.S. Supreme Court sided with a teenage applicant to...more

New York Attorney General’s Office Demands “On Call Shift” Information From Retailers

As reported in various media outlets, the New York Attorney General’s office recently sent a request to several retail employers who do business in New York for information concerning their practices of scheduling employees...more

NY Attorney General’s Office Begins Campaign Against Scheduling Practices of Large Retailers

In letters sent to 13 large retail chains on April 10, the New York State Attorney General’s Office has questioned the lawfulness of a scheduling practice known as “on-call shifts,” and has requested wide-ranging information...more

Answering The Call

California leads the nation in vigilantly regulating the conditions which constitute “hours worked.” Definitions are established, modified, and expanded by the California Labor Code, its Wage Orders, and decisions by...more

Security Guards Are Entitled To Compensation For All On-Call Hours Spent At Employer’s Worksite

CPS employed on-call guards to provide security at construction worksites. Part of each guard’s day was spent on active patrol. Each evening, guards were required to remain on call and on premises at the worksite to respond...more

Being on Call in California Does Not Impede on Rest Breaks

Augustus v. ABM Security Services, Inc., No. B243788 (filed December 31, 2014, pub. ord. January 29, 2015)): In its recently published decision, the California Court of Appeal held that on-call rest breaks are permissible. In...more

On Premises, On-Call Time Compensable; Sleep Time Not Excluded

Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS Security Solutions, Inc. held that security guards were entitled to...more

Fenwick Employment Brief - February 2015

On Premises, On-Call Time Compensable; Sleep Time Not Excluded - Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS...more

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