Are Retailers Abusing Young Workers with Scheduling?

Posted by in Retail •


It wasn’t the new fall styles that drew crowds of people to the sidewalks of New York City's posh Fifth Avenue shopping district last Wednesday. Workers from major companies like Abercrombie & Fitch, Best Buy and Wal-Mart joined together to protest employment practices that they dub as abusive.

 

One particular practice that ignited the fervor fueling the protests is known as “on-call scheduling.” Bintou Kamara, a 22-year-old cashier, started a petition on Change.org that was mobilized into last week’s protest by the Retail Action Project. Kamara explains, “'On-Call’ shifts mean we have to call the store two hours before the shift to ask if they need us. Nine times out of ten, they tell us not to come in, but Abercrombie still demands our open availability.” She also highlighted how the unpredictable scheduling at Abercrombie & Fitch, among other places, made it difficult for employees to support themselves or even find supplemental work. 

 

Kamara and her co-workers enjoyed schedules of up to 33 hours a week when they were first hired, but as time went by, their hours dwindled to 5 hours a week or less. Some of those hours included on-call shifts that didn’t pan out, leaving giant gaps in work from week to week. Kamara felt that Abercrombie & Fitch added insult to injury as they continued to hire new associates despite the lack of enough hours available to sustain their current staff’s schedules. "They feel like we can't do anything, we can't fight back and it's a big company," she said.

 

The problem just seems to be getting worse. Alvin Ramnarain, Executive Vice President at RWDSU Local 1102 asserts, “Retailers are pioneering the worst trends in retail. With on-call scheduling, many within the retail industry are creating a class of contingent workers who are more akin to day laborers than employees.”

 

The law is still murky when it comes to the tumultuous retail scheduling practices trending today. According to the Retail Action Project, “Legal analysis of “waiting pay” (as defined by the Fair Labor Standards Act – FLSA), hasn’t caught up with the brave new world of on-call scheduling, but these unpaid waiting days may run afoul of basic FLSA protections.” While this sort of scheduling typically turns out to be more inconvenient than illegal, in some instances there are boundaries slowly being crossed that are exploiting retail employees.

 

Laws vary from state to state but in New York State, where the protests where held, there is a call-in pay law. It requires retail employers to pay their workers at the minimum wage for either 4 hours or the full extent of the scheduled shift, whichever is less, even if employees aren’t required to come in because of poor store traffic. Many employees who are called off or sent home early never see any pay beyond actual hours worked.

 

In Maryland, ABC News reports that a former Best Buy employee, 23-year-old Ricah Norman, had to quit school because she couldn’t support herself working two part-time jobs. Scheduling between classes and work shifts clashed, causing a constant source of stress, and something had to give. When Norman tried to talk to her supervisors she was basically told, “That's the way the business is.”

 

Frustrated by the cycle, Norman says, "Retailers in general need to get back to the days when they scheduled people a correct amount of hours and allowed them to have a personal life while supporting families with sufficient wages and hours, instead of revolving their lives around the companies.”

 

Some think unionizing is the answer. “Retail workers are facing a new level of uncertainty,” said Cassandra Berrocal, President of RWDSU Local 3, which represents more than 2,000 sales clerks, shelf stockers and clerical workers at Bloomingdale’s flagship 59th Street store. “Through the power of our union, RWDSU Local 3, workers have achieved scheduling rights that elevate the bar for scheduling standards in retail. While retailers like Abercrombie are making workers wait by the phone, unionized Bloomingdale’s workers have guaranteed hours, advanced notice of their scheduling and their scheduled shifts are respected and honored by their managers.”

 

Source image courtesy of Stuart Miles at FreeDigitalPhotos.net
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  • M Bright
    M Bright •
    There needs to be a union presence in retail all across this country especially with the big box chains and mall chains.  These companies are getting away with abusing their employees and it needs to change!   These companies threaten to fire their employees if they event mention union!  This means they are scared that some social justice may prevail!...This means unions are the best answer right now and they are exactly what workers need!   This will give some leverage to workers to get a much needed higher wage and decent livable scheduling.
  • Tansley
    Tansley •
    for anyone who has worked in retail for an extended period of time they know well how corporate has abused the use of hours and how they believe what they presume the "trench workers" to be be expendable while upper management is the pride-n-glory of the company.  They should know a couple of things. 1. Customers are not happy just by the sight of a pretty, young face.  They care that the person serving them are well versed in their merchandise and is willing to assist them with any difficulty that may arise. 2. A dissatisfied employee can bring as much damage to a company as any adverse news article 3. Contracts can be signed and shelves stocked but without someone to sell the merchandise for them its all time wasted.  Retail is a difficult field for most, tolerance of ill-tempered customers and lack of support from management is always a given.  In this economy though most companies believe in "there is a 100  people waiting to take your place" so they abuse those who do not understand the state labor laws. let alone their rights as an employee
  • Bilha t
    Bilha t •
    we been used and abused by the management and the customer and nobody is standing up for the retail personals. they walk all over us small workers and we pay greatly inour health for years to come. the stress level it's enormous. it's absolutely time some body out there looks at this problems.  and above all the money it's so bad and promotion late to come by.
  • scarlett h
    scarlett h •
    they all need to quit.  dont let retailers start this
  • John T
    John T •
    This deplorable situation is not restricted just to the retail industry.  Health care is another industry taking advantage of its lower echelons such as administrative support, CNAs, housekeepers, maintenance, and others.  One week you can work seventy hours and the next twenty.
  • Martin B
    Martin B •
    it must change and only the workers can change it, by not giving into these companies all across the country the workers must get behind each other and demand a living wage, if this means unionizing then so be it
  • Kathleen M
    Kathleen M •
    It is not just young workers, and a union doesn't necessarily protect you.  I worked in a union grocery store, and our schedules varied so much from week to week that it was impossible to have another job.  I ended up quitting for a bartending job with better hourly  pay...with tips, I made double the hourly rate of the union job, and the only reason I knew I was a union member was because of the dues taken out of my check.  And no matter how few regular hours you got, forget spending any holidays with friends and family.  
  • Karl S
    Karl S •
    Corporations would legalize slavery again left to their own devices. Exporting manufacturing to other countries such as China and India, they have happily achieved this over there. We the people of the United States have had enough! Buy from the few remaining Mom and Pop shops that can easily remember the names of their employees. Do not shop at well known Corporate abusers such as Walmart that encourage their employees to apply for food stamps.
  • danny s
    danny s •
    i do not think unions are the answer.  Retail companies are being squeezed by the governments policies and regulations so they have to try to find a way to get around it if you introduce union s it will just make it worse and have a lot of companies filing bankruptcy we need to get gov. out of business and these unions that are killing jobs
  • Cheryl J
    Cheryl J •
    America what a joke, the worst pay, the worst jobs and expect more from employees but they give back nothing.  In the Netherlands family is first, lots of time off and job security.  They believe if you are happy at home then you will be happy at work,.  You are lucky if you get a day off work here then feel bad when you had to ask.  If they want to get rid of you tomorrow they will, no questions asked, so why should we feel so dedicated, it shows in no customer service when you go to retail stores. everyone is just there because we have to not because we want to!
  • Dorinda
    Dorinda •
    It's not just younger workers. It's everyone that needs work after having been thrown by the down economy. It is a job, but I've had a job for almost 2 weeks now and have only worked one night and still don't have a schedule with Black Friday this week. Can't afford it, can't afford not to.
  • Clay b
    Clay b •
    workers rites need stronger legislation. Its not rite for big biz to do this   aka Walmart innovative ideas
  • Richard M
    Richard M •
    Unfortunately some employers manage through abuse and imtimidation. The sad fact is younger workers are not being singled out for abuse, it crosses all age groups, genders and it can be directed at middle and lower management as well. Thanks to weak or non existent state work rules/protections they know they can get away with it. The best solution is to simply vote with your feet and find a better job.
  • Gigi
    Gigi •
    I think the companies are taking so much advantage of part time employees. Not only that, but most of specialty stores not giving healthy working environment, micromanaging and abusing their title.
  • Roy S
    Roy S •
    This has been going on for years. Retail is a form of legalized slavery, with businesses over hiring workers and then cutting hours big time to trim the fat that they caused, on top of skimping on benefits while the big shot CEO's and executives get big bonuses and pay raises while those that do all the hard demanding work get treated like dirt. Changes need to be made desperately in this industry so that all workers feel they are important to these companies and not just a discarded burden.
  • Heather Fairchild
    Heather Fairchild •
    Wow! Thanks for all of the feedback everyone. I see that this is near and dear to a lot of us. Just wondering... if anyone's experience is different when it comes to working retail when it's a big vs small business. I've worked retail for a long time but I always worked at places where it was a franchise or independently owned business where the management reported directly to the owner. Because of this, scheduling was always personal and a little more flexible. I wonder if the problem could be improved upon by trying to change the perception of the customer instead of the company. Personally I think the more people shop locally or at least domestically, the better the economy and work environment will be in the long run.
  • Thomas H.
    Thomas H. •
    Its unfortunate but even being unionized isn't all its made to be. I worked for a retailer whose workers were union and sure I got raises every so many hours, but there was the problem. The union could only guarantee 12 hours per week  but only if it was a certain time of the year (usually May through July and October through December) otherwise it was a measly 8 hours. I wont even mention how near impossible it was/is for part time employees to become full-time.
  • Kenneth I
    Kenneth I •
    I come from a right to work state (anonymously) I will not mention which one it is? I have lived here all my life and have been given jobs that want you to call in before showing up to work. My question is this if companies claim they are saving money by not having to train someone in the ways of how they want their employees to work then why train them and then never work them. I understand how companies are still cutting down on employment but seriously the only difference between over stocking product and employees is  people have feelings boxes do not in this case you are loosing money no matter which you hold on to.   Chances are in the two week resign period is training money out the door for the company. I get so tired of hearing about company's like McDonalds, wal-mart who promise you a Job then tell you to call in first why not be honest in their dealings by just saying we are not hiring right now and if they are meeting store quotas then its their job to provide the hours promised when hired
  • Mark S
    Mark S •
    It's all about the mighty dollar.  Companies claim to be one big family.  Well they only treat people like meat. You get injured or would like to see a Doctor or Family forget it.  I hope that people will stop taking crap off these people.  Only ones happy are the overpaid CEO's & shareholders.
  • Virginia S
    Virginia S •
    I worked in retail sales and management for over 30 years.  This type of abuse is not new.  Every retailer (including banks) I worked for had the same attitude toward employees and labor law.  If they don't get caught breaking the law, they don't care.  If they do get caught, they blame the store's management for the issue.  The company continually shifts to blame elsewhere while continuing to exploit the need for people to earn a living, though never paying them a living wage.  The current economic climate has only made the situation worse.
  • Julie l
    Julie l •
    Barnes & Noble does this too.  There are many other areas that deserve attention as well.  They don't treat their people well.  They excuse abusive behavior by saying, "It's Retail".  Because someone is in a position of authority does Not mean they're correct nor does it give them license to abuse that authority.  I come from "old" retail, a time when it was an admirable profession.  I am a professional manager.  B & N has brought in a number of inexperienced managers who utilize many unfair and abusive behaviors.  I'm glad I'm near retirement because it is disgraceful to say the least!
  • Ben M
    Ben M •
    I think retailers like Abercrombie & Fitch should be boycotted & publically dragged into the media limelight & shown for what they are--inhuman monsters, i.e., the way they treat their "on call" workers/employees. Then they have the "gall" to hire new workers without giving the workers already there the more hours they need to survive. Abercrombie & Fitch ARE RETAIL NAZI"S!!!!!!!!!
  • Tamia C
    Tamia C •
    I work as a cashier at $8 hourly and at first things was going good but now they expect me to live off 10 hours a week,i cant afford college, and I wanna be in school. Im not able to find another job which really irks me ...im 21 live in jersey and lord knows things need to change..Or get better real soon...ITS SAD THE WAY THEY TREATING US AS Young adults and etc...
  • Anna L
    Anna L •
    I worked in retail in the early 80s at Gayfers.  It was hell.  I made 3.20 per hour with a 5 cent raise at the end of my first year.  Six months later, after I had made a $800.00 sale for my department and was offered a job making $5.00 an hour at a doctor's office,, Gayfers Store mgr. came down and told me that places like that never gave raises!  I wanted to say and neither do you.  Yes, rent was just $150.00 a month then, but I didn't just have me to look out for, I had a child.  Seems like nothing has changed in the retail world at all, they make the big bucks and screw everyone who helped make those bucks for them.
  • Kent C
    Kent C •
    If retailers won't respect their employees and that they have lives too; how can they expect their employees to respect them, and the place they work for?Sounds like using Gestapo techniques.Almost to the point of "blackmail".And it's just Not fair to the employee's trying to support themselves, and or their family! How the Heck can a business flourish when it's workers can't stand it?

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