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Is retail on-call scheduling legal?

Retailers seeking to limit wages of employees increasingly engage in a practice known as on-call scheduling where they require employees to call in shortly before a shift to confirm they are needed.  

This wreaks havoc on employees because it is likely before calling in that they have arranged for child care, passed on other work and cleared their schedules for the day.  

The issue is whether you should get paid if you've called in and told you're not needed?

Federal regulations have not yet caught up to this practice.  They distinguish between employees who are hired to wait and those who wait to be engaged.  

State laws have moved more quickly to address this issue.  In California, for example, there is a law that requires employees to be paid reporting time pay if required to report for work and not put to work.  This regulation has led to litigation for employees who call-in on the day of their shift but are told they are not needed.

If you work for a retalier and have encountered this type of issue you should call us for help.  If you have a valid case it is likely we would help on a contingency basis.

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I have been a litigator for close to 20 years and Alan is most certainly one of the best attorneys I have ever come across.
Mr. Lescht is an excellent Trial Lawyer, He is calm, cool, and collected.
I also appreciated Alan's frankness and his ability to identify what is important and what is not when going through a case like this.
I would highly recommend Alan to anyone who needs an exceptional and incredibly talented Employment Attorney.
Mr. Lescht is an extraordinarily responsive attorney, returning my emails and phone calls within minutes. I would absolutely recommend him to anyone who thinks they may need a lawyer. Definitely incredible work.
I was impressed with his knowledge and professionalism, and I will always be grateful for his guidance.

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