Abercrombie & Fitch will no longer use on-call scheduling — a practice that requires workers to be available for shifts that may be cancelled at the last minute — by the end of 2015, according to a letter the retailer sent to the office of New York Attorney General Eric Schneiderman.
In April 2015, Schneiderman launched a probe into 13 major retailers, including Abercrombie & Fitch, after his office received reports of potential state labor law violations. Typically, workers whose shifts are canceled don’t receive pay. However, New York state law ensures at least four hours pay at minimum wage for hourly workers who report for a scheduled shift, even if managers send them home early.
The letter, written by Robert Bostrom, General Counsel at Abercrombie & Fitch, indicated that workers will receive their schedules one week in advance and can opt in to receive email alerts about additional shifts that need to be filled on short notice. The discontinuation process will begin in 14 Abercrombie & Fitch locations, 23 Hollister stores and eight Abercrombie Kids locations in September.
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“Unpredictable work schedules take a toll on all employees, especially those in low-wage sectors,” Schneiderman said in a statement. “Workers who must be ‘on call’ have difficulty making reliable child care and elder care arrangements, encounter obstacles in pursuing their education, and in general experience adverse financial and health effects, as well as overall stress and strain on family life.”
On-call scheduling enables retailers to staff up quickly on high-traffic days and save on labor costs when demand slows. The scheduling model has been under heavy criticism from labor advocates who argue that the hours and paychecks for on-call workers are too unpredictable.
Victoria’s Secret, another company named in the probe, informed its employees in June that it would no longer implement on-call shifts. Other retailers named in Schneiderman’s investigation includeAnn Inc.; Burlington Stores; Crocs; Gap; J.C. Penney; J. Crew; Sears; Target; TJX; Urban Outfitters; and Williams-Sonoma.
