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Pier 1 Settles Class Action Over Call-In Shifts for $3.5 Million

December 27, 2017

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Pier 1 Import has agreed to pay $3.5 million to settle a class action lawsuit brought on behalf of about 9,300 retail store associates in California.  The lawsuit alleged the company owed workers pay for when they are scheduled to call the store to ask if they should report for work or stay home.

California requires employers to provide “reporting time pay” to employees.  Employers must provide a few hours of pay when an employee reports to work for a scheduled shift but is dismissed a short time later because business is slow.

The complaint alleged that Pier 1 violated this law by requiring employees to call in one to two hours before the scheduled shift.  Employees complained that the call-in shifts were mandatory, and required employees to schedule their time around the possibility that they may work after a call-in shift.  Pier 1 Import has since discontinued the scheduling

Dollar Tree Wins California Pay Stub Class Action

November 10, 2017

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Dollar Tree Wins California Pay Stub Class Action

November 10, 2017

Authored by: Bryan Cave and Traci Choi

A California federal jury has returned a verdict in favor of Dollar Tree in Francisca Guillen v. Dollar Tree Stores, Case No. 2:15-cv-03813, finding that providing pay stubs on cash register receipts did not violate state law requiring accessible wage statements.

Plaintiff Francisca Guillen filed the lawsuit in the Central District of California representing a class of 5,400 retail employees, alleging that workers had to print their direct deposit wage statements from the cash registers, rather than receiving a paper statement or having an online portal. Guillen further complained that corporate workers of Dollar Tree had access to wage statement information on the company’s website.

Dollar Tree successfully defended its practices, contending that its register stub system was designed to be convenient and free for store associates, who may not have access to the internet or a printer at home. Further, the register statements included all of the information required

Oregon Passes Predictable Scheduling Law; How to Ensure Your Business Complies

August 24, 2017

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Oregon has become the first state to enact a predictable scheduling law, S.B. 828, which regulates employer scheduling practices in the food service, hospitality, and retail industries. As we previously reported, cities such as New York, Seattle, and San Francisco have passed similar measures. Oregon is likely the first of many states to pass such legislation.  The new law will take effect on July 1, 2018.

The law applies to retail establishments that operate in Oregon and employ at least 500 employees worldwide. Separate entities may be considered an “integrated enterprise” for purposes of determining whether an employer employs at least 500 employees.  The legislation tasks the Commissioner of the Bureau of Labor and Industries to adopt rules to assist employers to determine whether separate entities are an integrated enterprise.

The law applies to non-exempt employees of covered employers, and does not apply to salaried, exempt employees, workers

New York City Follows Trend in Passing Predictive Scheduling Law for Retail

New York City has enacted a law banning “on-call scheduling” for retail employees. The law takes effect on November 26, 2017.

With “on-call scheduling,” an employer requires an employee to be available to work, to contact the employer, or to wait to be contacted by the employer to determine whether the employee must report to work.

New York City’s new law, Local Law § 20-1251 (Int. No. 1387-A), prohibits retail employers from cancelling, changing, or adding work shifts within 72 hours of the start of the shift. Retail employees may, however, request time off and switch shifts with their co-workers.  Employers can revise employees’ work schedules with less than 72 hours’ notice under limited circumstances.

Retail employers must also: (1) post employees’ schedule 72 hours before the beginning of the scheduled hours of work; (2) provide upon request a written copy of employee’s schedule for any week worked within

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