NEW YORK WORKERS SUBJECT TO ILLEGAL “ON-DEMAND” STAFFING MAY BE ENTITLED TO COMPENSATION

The Pianko Law Group and Strauss Law PLLC are currently investigating the “on-demand” staffing practices of New York employers.  With the spread of on-demand staffing technologies that purport to allow employers to avoid costs involved in over staffing, companies are requiring employees to “check in” hours in advance to determine whether they are needed.  If the employee is needed, they report to work and get paid.  If not, they receive no pay, despite having put the time aside to work.  Such on-demand staffing is a raw deal, further exacerbating the already difficult circumstances of many low wage workers. An employee subject to on-demand staffing practices can’t plan for child care, continue their education, or make up for the lost income. 

          On-demand staffing is also illegal in New York State. New York State Labor Law protects employees from being called into work, only to be sent home without pay.  “Call-in pay” is required by Part 142 of Title 12 of Official Compilation of Codes, Rules and Regulations.  The regulation states that “An employee who by request or permission of the employer reports for work on any day shall be paid for at least four hours, or the number of hours in the regularly scheduled shift, whichever is less, at the basic minimum hourly wage.”

            On April 10, 2015 New York State Attorney General Eric Schinderman sent letters to 13 major national retailers, such as Gap Inc. Target Corp., JC Penney Co Inc., Abercrombie & Fitch Co., J. Crew, L Brands Inc., Burlington Coat Factory, TJX Cos Inc., Urban Outfitters Inc., Crocs Inc., Ann Inc., Sears Holdings Corp., and Williams-Sonoma Inc. requesting information regarding their use of on-demand scheduling. 

            If you believe that you have been the subject of unfair and illegal on-demand scheduling, you may be entitled to compensation.

Contact Strauss Law to learn more