Unpredictable Work Schedules Equal Wage Theft

One of the largest costs for New York retailers is labor. Retailers are expected to have enough people on the floor to assist shoppers, however, retailers often do everything they can to minimize the amount of labor they use. There is a law in New York State requiring employees to be paid a minimum number of hours for every day they come into work. The answer retailers have found to circumvent this law amounts to wage theft by putting employees "on call", utilizing unpredictable work schedules, instead of assigning employees a set schedule.

The biggest problem with on-call labor is that it affects the employees entire day. Unable to make plans, arrange to work another job,  or even confirm needed day care for children, on-call methods wreak havoc on employee schedules. New York City wage theft attorneys have taken notice and major class action lawsuits are anticipated for these practices. The retailers have abused these practices and avoided paying fair wages for too long now.

The practice of using on call labor obligates employees to set aside their day without any compensation for it. New York State established the minimum four hour shift many years ago to prevent employers from wasting employees’ time in this manner, without compensation. According to leading New York City wage theft attorneys at Hepworth, Gershbaum & Roth, PLLC, retailers are using an exploitative loophole that shows a clear disregard for hourly employees.

The amount of money at stake for on-call employees that have been deprived of a fair wage for their time is estimated to be worth countless millions of dollars every year. This discrete form of wage theft is expected to be a new major area of litigation for retailers that show a disregard for employees by using on-call strategies.

Contact our skiled New York City wage theft attorneys today to discuss your rights as an hourly employee that is routinely on-call. You can schedule a free initial consultation with an experienced attorney from Hepworth, Gershbaum & Roth, PLLC by calling us at 212-545-1199 or contact us online.