OFFICE OF THE ATTORNEY GENERAL ERIC T. SCHNEIDERNMN DIVISION OF SOCIAL JUSTICE ATTORNEY GENERAL LABOR BUREAU April 12, 2016 Aeropostale Inc. 112 West 34th Street, 22nd ?oor New York, NY 10120 Attn: Marc G. Schuback Re: Request for Information Regarding ?on call shifts? Dear Mr. Schuback, Our of?ces together write to you regarding ?on call shifts,? which we believe that Aeropostale Inc. (?Aeropostale?) may be using. Employees assigned to on-call shifts are typically required to contact their employer an hour or two before a scheduled shift to learn whether they must work the shift. If a worker learns that his or her services are not required, the worker is paid no compensation for the day, even though the employee was required to be available to work, to forgo other job and educational opportunities, and to make arrangements for child care or other personal responsibilities. Such unpredictable work schedules take a toll on employees. Without the security of a de?nite work schedule, workers who must be ?on call? have dif?culty making reliable childcare and elder-care arrangements, encounter obstacles in pursuing an education, and in general experience higher incidences of adverse health effects, overall stress, and strain on family life than workers who enjoy the stability of knowing their schedules reasonably in advance. ?On?call shifts? also interfere with workers? ability to obtain supplemental employment to ensure ?nancial security for themselves and their families. Our letter today is prompted by the concerns outlined above and by our shared interest in the well-being of workers nationwide. Aeropostale has store locations in many of our jurisdictions. In addition, certain of the signatory states have reporting pay or call-in pay laws which are applicable within those jurisdictions. As you may know, in 2015, the New York State Attorney General?s of?ce sent letters to fourteen major retailers seeking information about their use of ?on-call shifts.? These letters sought to address the public policy concerns described above and to ensure compliance with New York?s ?call in pay? regulation, which provides, ?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.? 12 142-23. Several recipients of the letter responded that they were not using such shifts and the office independently con?rmed these representations. The other retailers, after conversations with the New York State Attorney General?s of?ce, agreed to stop using ?on call shifts,? typically nationwide. In order to provide a more predictable and stable work environment for their workforces, these companies also agreed to provide employees with their work schedules at least one week prior to the start of the workweek. The results of this inquiry to date strongly indicate ?on call shifts? are not a business necessity, given that operations can be, and successfully have been, structured to address unexpected absences and unanticipated ?uctuations in business volume in other ways. Because we have reason to believe that Aeropostale may be using this methodology for scheduling, we would like to know about your use of ?on call shifts.? In connection with our review, we request that Aeropostale provide the following information and documents. Request for Information 1. What is the process by which Aeropostale schedules employees for work? Does Aeropostale use a computerized system for scheduling? If so, which system does Aeropostale use and how does it function? How centralized is the scheduling process? How much autonomy do store managers have in the scheduling process? Are scheduling procedures the same for all stores or do they vary by location? 2. Does Aeropostale utilize ?on call shifts? at any locations in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, or Rhode Island? If so, specify the location(s) and, for each such location, provide the total number of employees, the number of employees at the location subject to ?on call shift? requirements, the date on which ?on call shifts? were instituted, and the specific policies and practices employees are required to follow in being available for work and determining the availability of work on a given day, including the categories of employees subject (and not subject) to ?on call shift? requirements and the penalties to which employees are subject for failure to follow Aeropostale?s policies in this area as well as the number of employees who have been disciplined or terminated for failure to follow these policies. 3. Has Aeropostale studied or analyzed the efficiencies or cost savings believed to be associated with the use of ?on call shifts? or the potential or actual effect of ?on call shifts? on the productivity or well-being of its employees? If so, describe the results of any such study or analysis. Has Aeropostale studied or analyzed alternative methods for addressing unscheduled absences or unanticipated shifts in business volume, other than use of on-call shifts? Request for Documents 1. Please provide any and all policies, handbooks, documents, postings, or other written materials provided to any employee employed by Aeropostale in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and/or Rhode Island regarding any and all requirements that such employee must be available for work without having work time guaranteed, and/or must call, send a text message, email, or otherwise contact his or her supervisor or any other agent or representative of Aeropostale prior to physically presenting himself or herself in the workplace for work on a given day. For each calendar quarter in 2014 and 2015, please provide three to four samples of schedules which include on-call shifts. To the extent that any computerized system used by Aeropostale enables Aeropostale to produce a report showing the number of instances of on-call shifts assigned, please provide such reports for all Aeropostale employees employed within California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and/or Rhode Island during 2014 and 2015. Please provide any and all time and payroll records showing dates on which any employee performed work for Aeropostale within California, Connecticut, the District of Columbia or New York, and was paid for a time period of fewer than four hours on any given day, or within Massachusetts or Rhode Island and was paid for a time period of fewer than three hours on any given day. Please provide any and all documents, including IT guides, computer user manuals, manager guides or handbooks, or other materials explaining the process by which AerOpostale schedules shifts in stores located in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and/or Rhode Island. Please provide any and all documents related to any study or analysis referred to in Requests for Information #3 and above. Please provide your responses electronically, no later than April 25, 2016, to the attention of Oncall.lnquirv@ag.nv.gov. La.) If you are unable to provide responses electronically, please provide hard copies of responses to Teni Gerstein at the New York State Attorney General?s Of?ce, 120 Broadway, New York, NY 10271 no later than April 25, 2016. Thank you in advance for your prompt attention, Sincerely, Terri Gerstein Labor Bureau Chief New York State Attorney General?s Of?ce 120 Broadway New York, NY 10271 (212)416-6132 Angela Sierra Senior Assistant Attorney General Civil Rights Enforcement Section California Department of Justice Of?ce of the Attorney General 300 S. Spring St., Ste. 1702 Los Angeles, CA 90013 (213) 620-6312 Robert W. Clark Special Counsel to the Attorney General Office of the Connecticut Attorney General 55 .Elm Street Hartford, CT 06106 (860) 808-5322 Elizabeth Wilkins Senior Counsel to the Attorney General* Of?ce of the Attorney General for the District of Columbia 441 4th Street NW. Suite 11008 Washington, DC. 20001 (202) 724-5568 *Admitted to practice only in Maryland. Practicing in the District of Columbia under the direct supervision of Natalie O. Ludaway, a member of the DC. Bar pursuant to DC. Court of Appeals Rule 49(c). Jane R. Flanagan Chief, Workplace Rights Bureau Office of the Illinois Attorney General 100 W. Randolph Street, 11th ?oor Chicago, IL 60601 (312) 814-4720 View Mark Chief, Fair Labor Division Of?ce of Massachusetts Attorney General Maura Healey One Ashburton Place Boston, MA 02108 (617) 963-2626 LII (alto?? Joshua N. Auerbach Special Assistant Senior Litigation Counsel Maryland Of?ce of the Attorney General 200 St. Paul Place Baltimore, MD 21202 (410) 576-6311 Alethea M. Huyser Assistant Solicitor General Manager, Solicitor General Division Minnesota Attorney General?s Of?ce Bremer Tower, Suite 1100 445 Minnesota Street St. Paul, MN 55101 -2128 (651) 757-1243 Rebecca T. Partington Assistant Attorney General Chief, Civil Division Rhode Island Attorney General?s Of?ce 150 South Main Street Providence, RI 02903 (401)274-4400, ext. 2303 .4. ERIC T. SCHNEIDERMAN GENERAL LABOR BUREAU OFFICE or THE ATTORNEY GENERAL DIVISION or SOCIAL JUSTICE April 12, 2016 American Eagle Out?tters, Inc. 77 Hot Metal Street Pittsburgh, PA 15203 Attn: Charles P. Sande] Re: Request for Information Regarding ?on call shifts? Dear Mr. Sande], Our of?ces together write to you regarding ?on call shifts,? which we believe that American Eagle Out?tters, Inc. (?American Eagle?) may be using. Employees assigned to on- call shifts are typically required to contact their employer an hour or two before a scheduled shift to learn whether they must work the shift. If a worker learns that his or her services are not required, the worker is paid no compensation for the day, even though the employee was required to be available to work, to forgo other job and educational opportunities, and to make arrangements for child care or other personal responsibilities. Such unpredictable work schedules take a toll on employees. Without the security of a de?nite work schedule, workers who must be ?on call? have dif?culty making reliable childcare and elder-care arrangements, encounter obstacles in pursuing an education, and in general experience higher incidences of adverse health effects, overall stress, and strain on family life than workers who enjoy the stability of knowing their schedules reasonably in advance. ?On-call shifts? also interfere with workers? ability to obtain supplemental employment to ensure ?nancial security for themselves and their families. Our letter today is prompted by the concerns outlined above and by our shared interest in the well?being of workers nationwide. American Eagle has store locations in many of our jurisdictions. In addition, certain of the signatory states have reporting pay or call-in pay laws which are applicable within those jurisdictions. k, 2 15L- . A. A swam-an 79:1? . ,wwjiw? Mom, d355," As you may know, in 2015, the New York State Attorney General?s of?ce sent letters to fourteen major retailers seeking information about their use of ?on?call shifts.? These letters sought to address the public policy concerns described above and to ensure compliance with New York?s ?call in pay? regulation, which provides, ?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.? 12 142~2.3. Several recipients of the letter reSponded that they were not using such shifts and the office independently confirmed these representations. The other retailers, after conversations with the New York State Attorney General?s office, agreed to stop using ?on call shifts,? typically nationwide. In order to provide a more predictable and stable work environment for their workforces, these companies also agreed to provide employees with their work schedules at least one week prior to the start of the workweek. The results of this inquiry to date strongly indicate ?on call shifts? are not a business necessity, given that operations can be, and successfully have been, structured to address unexpected absences and unanticipated ?uctuations in business volume in other ways. Because we have reason to believe that American Eagle may be using this methodology for scheduling, we would like to know about your use of ?on call shifts.? In connection with our review, we request that American Eagle provide the following information and documents. Request for Information 1. What is the process by which American Eagle schedules employees for work? Does American Eagle use a computerized system for scheduling? If so, which system does American Eagle use and how does it function? How centralized is the scheduling process? How much autonomy do store managers have in the scheduling process? Are scheduling procedures the same for all stores or do they vary by location? 2. Does American Eagle utilize ?on call shifts? at any locations in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, or Rhode Island? If so, specify the location(s) and, for each such location, provide the total number of employees, the number of employees at the location subject to ?on call shift? requirements, the date on which ?on call shifts? were instituted, and the speci?c policies and practices employees are required to follow in being available for work and determining the availability of work on a given day, including the categories of employees subject (and not subject) to ?on call shift? requirements and the penalties to which employees are subject for failure to follow American Eagle?s policies in this area as well as the number of employees who have been disciplined or terminated for failure to follow these policies. 3. Has American Eagle studied or analyzed the ef?ciencies or cost savings believed to be associated with the use of ?on call shifts? or the potential or actual effect of ?on call shifts? on the productivity or well?being of its employees? If so, describe the results of any such study or analysis. Has American Eagle studied or analyzed alternative methods for addressing unscheduled absences or unanticipated shifts in business volume, other than use of on?call shifts? Request for Documents 1. Please provide any and all policies, handbooks, documents, postings, or other written materials provided to any employee employed by American Eagle in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and/or Rhode Island regarding any and all requirements that such employee must be available for work without having work time guaranteed, and/or must call, send a text message, email, or otherwise contact his or her supervisor or any other agent or representative of American Eagle prior to physically presenting himself or herself in the workplace for work on a given day. For each calendar quarter in 2014 and 2015, please provide three to four samples of schedules which include on-call shifts. To the extent that any computerized system used by American Eagle enables American Eagle to produce a report showing the number of instances of on-call shifts assigned, please provide such reports for all American Eagle employees employed within California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and/or Rhode Island during 2014 and 2015. Please provide any and all time and payroll records showing dates on which any employee performed work for American Eagle within California, Connecticut, the District of Columbia or New York, and was paid for a time period of fewer than four hours on any given day, or within Massachusetts or Rhode Island and was paid for a time period of fewer than three hours on any given day. Please provide any and all documents, including IT guides, computer user manuals, manager guides or handbooks, or other materials explaining the process by which American Eagle schedules shifts in stores located in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and/or Rhode Island. Please provide any and all documents related to any study or analysis referred to in Requests for Information #3 and above. Please provide your responses electronically, no later than April 25, 2016, to the attention of DJ If you are unable to provide responses electronically, please provide hard copies of responses to Terri Gerstein at the New York State Attorney General?s Of?ce, 120 Broadway, New York, NY 10271 no later than April 25, 2016. Thank you in advance for your prompt attention, Sincerely, Terri Gerstein Labor Bureau Chief New York State Attorney General?s Of?ce 120 Broadway New York, NY 10271 (212) 416-6132 Angela Sierra Senior Assistant Attorney General Civil Rights Enforcement Section California Department of Justice Of?ce of the Attorney General 300 S. Spring St., Ste. 1702 Los Angeles, CA 90013 (213) 620-6312 Robert W. Clark Special Counsel to the Attorney General Of?ce of the Connecticut Attorney General 55 Elm Street Hartford, CT 06106 (860) 808-5322 Elizabeth Wilkins Senior Counsel to the Attorney General" Of?ce of the Attorney General for the District of Columbia 441 4th Street NW. Suite 11008 Washington, DC. 20001 (202) 724?6568 ?Admitted to practice only in Maryland. Practicing in the District of Columbia under the direct supervision of Natalie O. Ludaway, a member of the DC. Bar pursuant to DC. Court of Appeals Rule 49(c). Jane R. Flanagan Chief, Workplace Rights Bureau Of?ce of the Illinois Attorney General 100 W. Randolph Street, 11th ?oor Chicago, IL 60601 (312) 814-4720 Sgsl?wk Mark Chief, Fair Labor Division Of?ce of Massachusetts Attorney General Maura Healey One Ashburton Place Boston, MA 02108 (617) 963-2626 8? Joshua N. Auerbach Special Assistant Senior Litigation Counsel Maryland Of?ce of the Attorney General 200 St. Paul Place Baltimore, MD 21202 (410) 576-6311 Alethea M. Huyser Assistant Solicitor General Manager, Solicitor General Division Minnesota Attorney General?s Of?ce Bremer Tower, Suite 1100 4'45 Minnesota Street St. Paul, MN 55101-2128 (651) 757-1243 cam/orig Rebecca T. Partington Assistant Attorney General Chief, Civil Division Rhode Island Attorney General?s O?ice 150 South Main Street Providence, RI 02903 (401)274-4400, ext. 2303 STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ERIC T. SCHNEIDERMAN DIVISION OF SOCIAL JUSTICE ATTORNEY GENERAL LABOR BUREAU April 12, 2016 BCBG Max Azria Group LLC 2761 Fruitland Ave. Vernon, CA 90058 Attn: Erica Alterwitz Re: Request for Information Regarding ?on call shifts? Dear Ms. Alterwitz, Our Of?ces together write to you regarding ?on call shifts,? which we believe that BCBG Max Azria Group LLC Max Azria?) may be using. Employees assigned to on~call shifts are typically required to contact their employer an hour or two before a scheduled shift to learn whether they must work the shift. If a worker learns that his or her services are not required, the worker is paid no compensation for the day, even though the employee was required to be available to work, to forgo other job and educational Opportunities, and to make arrangements for child care or other personal responsibilities. Such unpredictable work schedules take a toll on employees. Without the security Of a de?nite work schedule, workers who must be ?on call? have dif?culty making reliable childcare and elder-care arrangements, encounter Obstacles in pursuing an education, and in general experience higher incidences Of adverse health effects, overall stress, and strain on family life than workers who enjoy the stability Of knowing their schedules reasonably in advance. ?On-call shifts? also interfere with workers? ability to Obtain supplemental employment to ensure ?nancial security for themselves and their families. Our letter today is prompted by the concerns outlined above and by our shared interest in the well-being of workers nationwide. BCBG Max Azria has store locations in many of our jurisdictions. In addition, certain of the signatory states have reporting pay or call-in pay laws which are applicable within those jurisdictions. As you may know, in 2015, the New York State Attorney General?s of?ce sent letters to fourteen major retailers seeking information about their use of ?on-call shifts.? These letters sought to address the public policy concerns described above and to ensure compliance with New York?s ?call in pay? regulation, which provides, ?An employee who by request or permission of the employer reports for work on any day shall be paid for at least feur hours, or the number of hours in the regularly scheduled shift, whichever is less, at the basic minimum hourly wage.? 12 142-23. Several recipients of the letter reSponded that they were not using such shifts and the office independently con?rmed these representations. The other retailers, after conversations with the New York State Attorney General?s of?ce, agreed to stop using ?on call shifts,? typically nationwide. In order to provide a more predictable and stable work environment for their workforces, these companies also agreed to provide employees with their work schedules at least one week prior to the start of the workweek. The results of this inquiry to date strongly indicate ?on call shifts? are not a business necessity, given that operations can be, and successfully have been, structured to address unexpected absences and unanticipated ?uctuations in business volume in other ways. Because we have reason to believe that BCBG Max Azria may be using this methodology for scheduling, we would like to know about your use of ?on call shifts.? In connection with our review, we request that BCBG Max Azria provide the following information and documents. Request for Information 1. What is the process by which BCBG Max Azria schedules employees for work? Does BCBG Max Azria use a computerized system for scheduling? If so, which system does BCBG Max Azria use and how does it function? How centralized is the scheduling process? How much autonomy do store managers have in the scheduling process? Are scheduling procedures the same for all stores or do they vary by location? 2. Does BCBG Max Azria utilize ?on call shifts? at any locations in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, or New York? If so, specify the location(s) and, for each such location, provide the total number of employees, the number of employees at the location subject to ?on call shift? requirements, the date on which ?on call shifts? were instituted, and the speci?c policies and practices employees are required to follow in being available for work and determining the availability of work on a given day, including the categories of employees subject (and not subject) to ?on call shift? requirements and the penalties to which employees are subject for failure to follow BCBG Max Azzria?s policies in this area as well as the number of employees who have been disciplined or terminated for failure to follow these policies. 3. Has BCBG Max Azria studied or analyzed the ef?ciencies or cost savings believed to be associated with the use of ?on call shifts? or the potential or actual effect of ?on call shifts? on the productivity or well-being of its employees? If so, describe the results of any such study or analysis. - . .m an: 4. Has BC BG Max Azria studied or analyzed alternative methods for addressing unscheduled absences or unanticipated shifts in business volume, other than use of on-call shifts? Request for Documents 1 Please provide any and all policies, handbooks, documents, postings, or other written materials provided to any employee employed by BCBG Max Azria in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, and/or New York regarding any and all requirements that such employee must be available for work without having work time guaranteed, and/or must call, send a text message, email, or otherwise contact his or her supervisor or any other agent or representative of BCBG Max Azria prior to physically presenting himself or herself in the workplace for work on a given day. For each calendar quarter in 2014 and 2015, please provide three to four samples of schedules which include on-call shifts. To the extent that any computerized system used by BCBG Max Azria enables BCBG Max Azria to produce a report showing the number of instances of on?call shifts assigned, please provide such reports for all BCBG Max Azria employees employed within California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, and/or New York during 2014 and 2015. Please provide any and all time and payroll records showing dates on which any employee performed work for BCBG Max Azria within California, Connecticut, the District of Columbia or New York, and was paid for a time period of fewer than four hours on any given day, or within Massachusetts and was paid for a time period of fewer than three hours on any given day. Please provide any and all documents, including IT guides, computer user manuals, manager guides or handbooks, or other materials explaining the process by which BCBG Max Azria schedules shifts in stores located in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, and/or New York. Please provide any and all documents related to any study or analysis referred to in Requests for Information #3 and above. Please provide your responses electronically, no later than April 25, 2016, to the attention of Oncall.Inquiry@ag.nv.gov. If you are unable to provide responses electronically, please provide hard copies of responses to Terri Gerstein at the New York State Attorney General?s Of?ce, 120 Broadway, New York, NY 10271 no later than April 25, 2016. Thank you in advance for your prompt attention, Sincerely, 024m? Terri Gerstein Labor Bureau Chief New York State Attorney General?s Of?ce 120 Broadway New York, NY 10271 (212) 416-6132 3/44?? Angela Sierra Senior Assistant Attorney General Civil Rights Enforcement Section California Department of Justice Of?ce of the Attorney General 300 S. Spring St, Ste. 1702 Los Angeles, CA 90013 (213) 620-6312 Robert W. Clark Special Counsel to the Attorney General Of?ce of the Connecticut Attorney General 55 Elm Street Hartford, CT 06106 (860) 808-5322 Elizabeth Wilkins Senior Counsel to the Attorney General* Of?ce of the Attorney General for the District of Columbia 441 4th Street NW. Suite 11008 Washington, DC. 20001 (202) 724?5568 *Admitted to practice only in Maryland. Practicing in the District of Columbia under the direct supervision of Natalie O. Ludaway, a member of the DC. Bar pursuant to DC. Court of Appeals Rule 49(c). Jane R. Flanagan Chief, Workplace Rights Bureau Of?ce of the Illinois Attorney General 100 W. Randolph Street, 11th ?oor Chicago, IL 60601 (312) 814-4720 Mark Chief, Fair Labor Division Of?ce of Massachusetts Attorney General Maura Healey One Ashburton Place Boston, MA 02108 (617) 963-2626 Joshua N. Auerbach Special Assistant Senior Litigation Counsel Maryland Of?ce of the Attorney General 200 St. Paul Place Baltimore, MD 21202 (410) 576-6311 Alethea M. Huyser Assistant Solicitor General Manager, Solicitor General Division Minnesota Attorney General?s Of?ce Bremer Tower, Suite 1100 445 Minnesota Street St. Paul, MN 55101-2128 (651) 757-1243 my? STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL 3 ERIC T. SCHNEIDERMAN DIVISION OF SOCIAL JUSTICE ATTORNEY GENERAL LABOR BUREAU April 12, 2016 Carters, Inc. The Proscenium 1170 Peachtree Street NE Suite 900 Atlanta, GA 30309 Attn: Michael C. Wu Re: Request for Information Regarding ?on call shifts? Dear Mr. Wu, Our of?ces together write to you regarding ?on call shifts,? which we believe that Carters, Inc. (?Carters?) may be using. Employees assigned to on-call shifts are typically required to contact their employer an hour or two before a scheduled shift to learn whether they must work the shift. If a worker learns that his or her services are not required, the worker is paid no compensation for the day, even though the employee was required to be available to work, to forgo other job and educational opportunities, and to make arrangements for child care or other personal responsibilities. Such unpredictable work schedules take a toll on employees. Without the security of a de?nite work schedule, workers who must be ?on call? have dif?culty making reliable childcare and elder-care arrangements, encounter obstacles in pursuing an education, and in general experience higher incidences of adverse health effects, overall stress, and strain on family life than workers who enjoy the stability of knowing their schedules reasonably in advance. ?On-call shifts? also interfere with workers? ability to obtain supplemental employment to ensure ?nancial security for themselves and their families. Our letter today is prompted by the concerns outlined above and by our shared interest in the well-being of workers nationwide. Carters has store locations in many Of our jurisdictions. In addition, certain of the signatory states have reporting pay or call-in pay laws which are applicable within those jurisdictions. As you may know, in 2015, the New York State Attorney General?s of?ce sent letters to fourteen major retailers seeking information about their use of ?on-call shifts.? These letters sought to address the public policy concerns described above and to ensure compliance with New York?s ?call in pay? regulation, which provides, ?An employee who by request or permission of the employer reports for werk 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.? 12 142-23. Several recipients of the letter responded that they were not using such shifts and the of?ce independently con?rmed these representations. The other retailers, after conversations with the New York State Attorney General?s of?ce, agreed to stop using ?on call shifts,? typically nationwide. In order to provide a more predictable and stable work environment for their workforces, these companies also agreed to provide employees with their work schedules at least one week prior to the start of the workweek. The results of this inquiry to date strongly indicate ?on call shifts? are not a business necessity, given that operations can be, and successfully have been, structured to address unexpected absences and unanticipated ?uctuations in business volume in other ways. Because we have reason to believe that Carters may be using this methodology for scheduling, we would like to know about your use of ?on call shifts.? In connection with our review, we request that Carters provide the following information and documents. Request for Information 1. What is the process by which Carters schedules employees for work? Does Carters use a computerized system for scheduling? If so, which system does Carters use and how does it function? How centralized is the scheduling process? How much autonomy do store managers have in the scheduling process? Are scheduling procedures the same for all stores or do they vary by location? 2. Does Carters utilize ?on call shifts? at any locations in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, or Rhode Island? If so, specify the location(s) and, for each such location, provide the total number of employees, the number of employees at the location subject to ?on call shift? requirements, the date on which ?on call shifts? were instituted, and the speci?c policies and practices employees are required to follow in being available for work and determining the availability of work on a given day, including the categories of employees subject (and not subject) to ?on call shift? requirements and the penalties to which employees are subject for failure to follow Carters? policies in this area as well as the number of employees who have been disciplined or terminated for failure to follow these policies. 3. Has Carters studied or analyzed the ef?ciencies or cost savings believed to be associated with the use of ?on call shifts? or the potential or actual effect of ?on call shifts? on the productivity or well-being of its employees? If so, describe the results of any such study or analysis. 4. Has Carters studied or analyzed alternative methods for addressing unscheduled absences or unanticipated shifts in business volume, other than use of on~call shifts? Request for Documents 1. Please provide any and all policies, handbooks, documents, postings, or other written materials provided to any employee employed by Carters in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and/or Rhode Island regarding any and all requirements that such employee must be available for work without having work time guaranteed, and/or must call, send a text message, email, or otherwise contact his or her supervisor or any other agent or representative of Carters prior to physically presenting himself or herself in the workplace for work on a given day. For each calendar quarter in 2014 and 2015, please provide three to four samples of schedules which include on?call shifts. To the extent that any computerized system used by Carters enables Carters to produce a report showing the number of instances of on-call shifts assigned, please provide such reports for all Carters employees employed within California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and/or Rhode Island during 2014 and 2015. Please provide any and all time and payroll records showing dates on which any employee performed work for Carters within California, Connecticut, the District of Columbia or New York, and was paid for a time period of fewer than four hours on any given day, or within Massachusetts or Rhode Island and was paid for a time period of fewer than three hours on any given day. Please provide any and all documents, including IT guides, computer user manuals, manager guides or handbooks, or other materials explaining the process by which Carters schedules shifts in stores located in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and/or Rhode Island. Please provide any and all documents related to any study or analysis referred to in Requests for Information #3 and above. Please provide your responses electronically, no later than April 25, 2016, to the attention of Oncall.Inquirv@a2.nv.gov. If you are unable to provide responses electronically, please provide hard copies of responses to Terri Gerstein at the New York State Attorney General?s Of?ce, 120 Broadway, New York, NY 10271 no later than April 25, 2016. U.) so i - a was i' fawn My ,7 {In a ?2 r: 1.x. ?or, a - u. ., .x ?in? "i'sm?om?iw ??fti?m?t??bifrhaw A ?at: H. w. Ya: a A ?Margyraw-?t: A . arm jinn,? Thank you in advance for your prompt attention, Sincerely, Jpn/W Terri Gerstein Labor Bureau Chief New York State Attorney General?s Of?ce 120 Broadway New York, NY 10271 (212) 416-6132 Angela Sierra Senior Assistant Attorney General Civil Rights Enforcement Section California Department of Justice Of?ce of the Attorney General 300 S. Spring St, Ste. 1702 Los Angeles, CA 90013 (213) 620?6312 Robert W. Clark Special Counsel to the Attorney General Of?ce of the Connecticut Attorney General 55 Elm Street Hartford, CT 06106 (860) 808-5322 Elizabeth Wilkins Senior Counsel to the Attorney General* Of?ce of the Attorney General for the District of Columbia 441 4th Street NW. Suite 11008 Washington, DC. 20001 (202) 724-5568 *Admitted to practice only in Maryland. Practicing in the District of Columbia under the direct supervision of Natalie O. Ludaway, a member of the DC. Bar pursuant to DC. Court of Appeals Rule 490:). Jane R. Flanagan Chief, Workplace Rights Bureau Of?ce of the Illinois Attorney General 100 W. Randolph Street, 11th ?oor Chicago, IL 60601 (312) 814-4720 Mark Chief, Fair Labor Division 1 Of?ce of Massachusetts Attorney General Maura Healey One Ashburton Place Boston, MA 02108 (617) 963?2626 80? Joshua N. Auerbach Special Assistant Senior Litigation Counsel Maryland Of?ce of the Attorney General 200 St. Paul Place Baltimore, MD 21202 (410) 576-631 1 Alethea M. Huyser Assistant Solicitor General Manager, Solicitor General Division Minnesota Attorney General?s Of?ce Bremer Tower, Suite 1100 445 Minnesota Street St. Paul, MN 55101?2128 (651) 757-1243 cam/QM Rebecca T. Partington Assistant Attorney General Chief, Civil Division Rhode Island Attorney General?s Of?ce 150 South Main Street Providence, RI 02903 (401)274-4400, ext. 2303 STATE or NEW YORK OFFICE OF THE ATTORNEY GENERAL ERIC T. SCHNEIDERMAN DIVISION OF SOCIAL JUSTICE ATTORNEY GENERAL LABOR BUREAU April 12, 2016 Coach Inc. 516 West 34th Street New York, NY 10001 Attn: Todd Kahn Re: Request for Information Regarding ?on call shifts? Dear Mr. Kahn, Our of?ces together write to you regarding ?on call shi?s,? which we believe that Coach Inc. (?Coach?) may be using. Employees assigned to on-call shifts are typically required to contact their employer an hour or two before a scheduled shift to learn whether they must work the shift. If a worker learns that his or her services are not required, the worker is paid no compensation for the day, even though the employee was required to be available to work, to forgo other job and educational opportunities, and to make arrangements for child care or other personal responsibilities. Such unpredictable work schedules take a toll on employees. Without the security of a de?nite work schedule, workers who must be ?on call? have dif?culty making reliable childcare and elder-care arrangements, encounter Obstacles in pursuing an education, and in general experience higher incidences of adverse health effects, overall stress, and strain on family life than workers who enjoy the stability of knowing their schedules reasonably in advance. ?On~call shifts? also interfere with workers? ability to obtain supplemental employment to ensure ?nancial security for themselves and their families. Our letter today is prompted by the concerns outlined above and by our shared interest in the well-being of workers nationwide. Coach has store locations in many of our jurisdictions. In addition, certain of the signatory states have reporting pay or call-in pay laws which are applicable within those jurisdictions. As you may know, in 2015, the New York State Attorney General?s of?ce sent letters to fourteen major retailers seeking information about their use of ?on-call shifts.? These letters sought to address the public policy concerns described above and to ensure compliance with New York?s ?call in pay? regulation, which provides, ?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.? 12 142-23. Several recipients of the letter responded that they were not using such shifts and the of?ce independently con?rmed these representations. The other retailers, a?er conversations with the New York State Attorney General?s of?ce, agreed to step using?on call shifts,? typically nationwide. In order to provide a more predictable and stable work environment for their workforces, these companies also agreed to provide employees with their work schedules at least one week prior to the start of the workweek. The results of this inquiry to date strongly indicate ?on call shifts? are not a business necessity, given that operations can be, and successfully have been, structured to address unexpected absences and unanticipated ?uctuations in business volume in other ways. Because we have reason to believe that Coach may be using this methodology for scheduling, we would like to know about your use of ?on call shifts.? In connection with our review, we request that Coach provide the following information and documents. Request for Information 1. What is the process by which Coach schedules employees for work? Does Coach use a computerized system for scheduling? If so, which system does Coach use and how does it ?inction? How centralized is the scheduling process? How much autonomy do store managers have in the scheduling process? Are scheduling procedures the same for all stores or do they vary by location? 2. Does Coach utilize ?on call shifts? at any locations in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, or Rhode Island? If so, specify the location(s) and, for each such location, provide the total number of employees, the number of employees at the location subject to ?on call shift? requirements, the date on which ?on call shifts? were instituted, and the speci?c policies and practices employees are required to follow in being available for work and determining the availability of work on a given day, including the categories of employees subject (and not subject) to ?on call shift? requirements and the penalties to which employees are subject for failure to follow Coach?s policies in this area as well as the number of employees who have been disciplined or terminated for failure to follow these policies. 3. Has Coach studied or analyzed the ef?ciencies or cost savings believed to be associated with the use of ?on call shifts? or the potential or actual effect of ?on call shifts? on the productivity or well?being of its employees? If so, describe the results of any such study or analysis. 4. Has Coach studied or analyzed alternative methods for addressing unscheduled absences or unanticipated shifts in business volume, other than use of on~call shifts? Request for Documents 1. Please provide any and all policies, handbooks, documents, postings, or other written materials provided to any employee?employed by Coach in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and/or Rhode Island regarding any and all requirements that such employee must be available for work without having work time guaranteed, and/or must call, send a text message, email, or otherwise contact his or her supervisor or any other agent or representative of Coach prior to physically presenting himself or herself in the workplace for work on a given day. For each calendar quarter in 2014 and 2015, please provide three to four samples of schedules which include on-call shifts. . To the extent that any computerized system used by Coach enables Coach to produce a report showing the number of instances of on-call shifts assigned, please provide such reports for all Coach employees employed within California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and/or Rhode Island during 2014 and 2015. Please provide any and all time and payroll records showing dates on which any employee performed work for Coach within California, Connecticut, the District of Columbia or New York, and was paid for a time period of fewer than four hours on any given day, or within Massachusetts or Rhode Island and was paid for a time period of fewer than three hours on any given day. Please provide any and all documents, including IT guides, computer user manuals, manager guides or handbooks, or other materials explaining the process by which Coach schedules shifts in stores located in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and/or Rhode Island. Please provide any and all documents related to any study or analysis referred to in Requests for Information #3 and above. Please provide your responses electronically, no later than April 25, 2016, to the attention of Oncall.Inquiry@ag.nv.gov. If you are unable to provide responses electronically, please provide hard copies of responses to Terri Gerstein at the New York State Attorney General?s Of?ce, 120 Broadway, New York, NY 10271 no later than April 25, 2016. Thank you in advance for your prompt attention, Sincerely, "ferri Gerstein Labor Bureau Chief New York State Attorney General?s Of?ce 120 Broadway New York, NY 10271 (212)416-6132 aux?Aa? Angela Sierra Senior Assistant Attorney General Civil Rights Enforcement Section California Department of Justice Of?ce of the Attorney General 300 S. Spring St., Ste. 1702 Los Angeles, CA 90013 (213) 620?6312 Robert W. Clark Special Counsel to the Attorney General Of?ce of the Connecticut Attorney General 55 Elm Street Hartford, CT 06106 (860) 808-5322 Elizabeth Wilkins Senior Counsel to the Attorney Genetal" Of?ce of the Attorney General for the District of Columbia 441 4th Street NW. Suite 11003 Washington, D.C. 20001 (202) 724-5563 *Admitted to practice only in Maryland. Practicing in the District of Columbia under the direct supervision of Natalie O. Ludaway, a member of the DC. Bar pursuant to DC Court of Appeals Rule 49(c), Jane R. Flanagan Chief, Workplace Rights Bureau Of?ce of the Illinois Attorney General 100 W. Randolph Street, 11th ?oor Chicago, IL 60601 (312) 814?4720 Mark Chief, Fair Labor Division Of?ce of Massachusetts Attorney General Maura Healey One Ashburton Place Boston, MA 02108 (617) 963-2626 8? 6? Joshua N. Auerbach Special Assistant Senior Litigation Counsel Maryland Of?ce of the Attorney General 200 St. Paul Place Baltimore, MD 21202 (410)576-6311 Alethea M. Huyser Assistant Solicitor General Manager, Solicitor General Division Minnesota Attorney General?s Of?ce Bremer Tower, Suite 1100 445 Minnesota Street St. Paul, MN 55101?2128 (651) 757~1243 Rebecca T. Partington Assistant Attorney General Chief, Civil Division Rhode Island Attorney General?s Of?ce 150 South Main Street Providence, RI 02903 (401)274-4400, ext. 2303 STATE or NEW YORK OFFICE or THE ATTORNEY GENERAL ERIC T. SCHNEIDERMAN DIVISION or SOCIAL JUSTICE ATTORNEY GENERAL LABOR BUREAU April 12, 2016 David?s Tea 5430 Ferrier St. Town of Mount-Royal Qu?bec, Canada H4P 1M2 Attn: Sylvain Toutant Re: Request for Information Regarding ?on call shifts? Dear Mr. Toutant, Our of?ces together write to you regarding ?on call shifts,? which we believe that David?s Tea may be using. Employees assigned to on-call shifts are typiCally required to contact their employer an hour or two before a scheduled shift to learn whether they must work the shift. If a worker learns that his or her services are not required, the worker is paid no compensation for the day, even though the employee was required to be available to work, to forgo other job and educational opportunities, and to make arrangements for child care or other personal responsibilities. Such unpredictable work schedules take a toll on employees. Without the security of a de?nite work schedule, workers who must be ?on call? have dif?culty making reliable childcare and elder-care arrangements, encounter obstacles in pursuing an education, and in general experience higher incidences of adverse health effects, overall stress, and strain on family life than workers who enjoy the stability of knowing their schedules reasonany in advance. ?On-call shifts? also interfere with workers? ability to obtain supplemental employment to ensure ?nancial security for themselves and their families. Our letter today is prompted by the concerns outlined above and by our shared interest in the well-being of workers nationwide. David?s Tea has store locations in many of our jurisdictions. In addition, certain of the signatory states have reporting pay or call-in pay laws which are applicable within those jurisdictions. As you may know, in 2015, the New York State Attorney General?s office sent letters to fourteen major retailers seeking information about their use of ?on?call shifts.? These letters sought to address the public policy concerns described above and to ensure compliance with New York?s ?call in pay? regulation, which provides, ?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.? 12 142-23. Several recipients of the letter responded that they were not using such shifts and the office independently con?rmed these representations. The other retailers, after conversations with the New York State Attorney General?s of?ce, agreed to stop using ?on call shifts,? typically nationwide. In order to provide a more predictable and stable work environment for their workforces, these companies also agreed to provide employees with their work schedules at least one week prior to the start of the workweek. The results of this inquiry to date strongly indicate ?on call shifts? are not a business necessity, given that operations can be, and successfully have been, structured to address unexpected absences and unanticipated ?uctuations in business volume in other ways. Because we have reason to believe that David?s Tea may be using this methodology for scheduling, we would like to know about your use of ?on call shifts.? In connection with our review, we request that David?s Tea provide the following information and documents. Request for Information 1. What is the process by which David?s Tea schedules employees for work? Does David?s Tea use a computerized system for scheduling? If so, which system does David?s Tea use and how does it function? How centralized is the scheduling process? How much autonomy do store managers have in the scheduling process? Are scheduling procedures the same for all stores or do they vary by location? 2. Does David?s Tea utilize ?on call shifts? at any locations in California, Connecticut, Illinois, Massachusetts, Minnesota, or New York? If so, specify the location(s) and, for each such location, provide the total number of employees, the number of employees at the location subject to ?on call shift? requirements, the date on which ?on call shifts? were instituted, and the specific policies and practices employees are required to follow in being available for work and determining the availability of work on a given day, including the categories of employees subject (and not subject) to ?on call shift? requirements and the penalties to which employees are subject for failure to follow David?s Tea?s policies in this area as well as the number of employees who have been disciplined or terminated for failure to follow these policies. 3. Has David?s Tea studied or analyzed the ef?ciencies or cost savings believed to be associated with the use of ?on call shifts? or the potential or actual effect of ?on call shifts? on the productivity or well?being of its employees? If 50, describe the results of any such study or analysis. 4. Has David?s Tea studied or analyzed alternative methods for addressing unscheduled absences or unanticipated shifts in business volume, other than use of onucall shifts? Request for Documents 1. Please provide any and all policies, handbooks, documents, postings, or other written materials provided to any employee employed by David?s Tea in California, Connecticut, Illinois, Massachusetts, Minnesota, andfor New York regarding any and all requirements that such employee must be available for work without having work time guaranteed, and/or must call, send a text message, email, or otherwise contact his or her supervisor or any other agent or representative of David?s Tea prior to physically presenting himself or herself in the workplace for work on a given day. For each calendar quarter in 2014 and 2015, please provide three to four samples of schedules which include on-call shifts. To the extent that any computerized system used by David?s Tea enables David?s Tea to produce a report showing the number of instances of on?call shifts assigned, please provide such reports for all David?s Tea employees employed within California, Connecticut, Illinois, Massachusetts, Minnesota, and/or New York during 2014 and 2015. Please provide any and all time and payroll records showing dates on which any employee performed work for David?s Tea within California, Connecticut or New York, and was paid for a time period of fewer than four hours on any given day, or within Massachusetts and was paid for a time period of fewer than three hours on any given day. Please provide any and all documents, including IT guides, computer user manuals, manager guides or handbooks, or other materials explaining the process by which David?s Tea schedules shifts in stores located in California, Connecticut, Illinois, Massachusetts, Minnesota, and/or New York. Please provide any and all documents related to any study or analysis referred to in Requests for Information #3 and above. Please provide your responses electronically, no later than April 25, 2016, to the attention of Oncall.Inouirv@ag.nv.uov. If you are unable to provide responses electronically, please provide hard copies of responses to Terri Gerstein at the New York State Attorney General?s Of?ce, 120 Broadway, New York, NY 10271 no later than April 25, 2016. n? an?. a. Thank you in advance for your prompt attention, Sincerely, 52;; 7 Terri Gerstein Labor Bureau Chief New York State Attorney General?s Of?ce 120 Broadway New York, NY 10271 (212) 416-6132 Angela Sierra Senior Assistant Attorney General Civil Rights Enforcement Section California Department of Justice Of?ce of the Attorney General 300 S. Spring St., Ste. 1702 Los Angeles, CA 90013 (213) 620-6312 Robert W. Clark Special Counsel to the Attorney General Of?ce of the Connecticut Attorney General 55 Elm Street Hartford, CT 06106 (860) 808-5322 r/w 12- Jane R. Flanagan Chief, Workplace Rights Bureau Of?ce of the Illinois Attorney General 100 W. Randolph Street, 11th ?oor Chicago, IL 60601 (312) 814?4720 Mark Chief, Fair Labor Division Of?ce of Massachusetts Attorney General Maura Healey One Ashburton Place Boston, MA 02108 (617) 963~2626 Alethea M. Huyser Assistant Solicitor General Manager, Solicitor General Division Minnesota Attorney General?s Of?ce Bremer Tower, Suite 1100 445 Minnesota Street St. Paul, MN 55101?2128 (651) 757?1243 - V?s; EIIHFLJ I STATE or NEW YORK OFFICE or THE ATTORNEY GENERAL ERIC T. SCHNEIDERMAN DIVISION or SOCIAL JUSTICE ATTORNEY GENERAL LABOR BUREAU April 12, 2016 The Walt Disney Company 500 S. Bucna Vista St. Burbank, CA 91521-0001 Attn: Alan Braverman Re: Request for Information Regarding ?on call shifts? at Disney Stores Dear Mr. Braverman, Our of?ces together write to you regarding ?on call shifts,? which we believe that The Walt Disney Company may be using at Disney Stores (?Disney?). Employees assigned to on-call shifts are typically required to contact their employer an hour or two before a scheduled shift to learn whether they must work the shift. If a worker learns that his or her services are not required, the worker is paid no compensation for the day, even though the employee was required to be available to work, to forgo other job and educational opportunities, and to make arrangements for child care or other personal responsibilities. Such unpredictable work schedules take atoll on employees. Without the security of a de?nite work schedule, workers who must be ?on call? have difficulty making reliable childcare and elder-care arrangements, encounter obstacles in pursuing an education, and in general experience higher incidences of adverse health effects, overall stress, and strain on family life than workers who enjoy the stability of knowing their schedules reasonably in advance. ?On-call shifts? also interfere with workers? ability to obtain supplemental employment to ensure ?nancial security for themselves and their families. Our letter today is prompted by the concerns outlined above and by our shared interest in the well-being of workers nationwide. Disney has store locations in many of our jurisdictions. In addition, certain of the signatory states have reporting pay or call-in pay laws which are applicable within those jurisdictions. As you may know, in 2015, the New York State Attorney General?s of?ce sent letters to fourteen major retailers seeking information about their use of ?on-call shifts.? These letters sought to address the public policy concerns described above and to ensure compliance with New York?s ?call in pay? regulation, which provides, ?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.? 12 142-23. Several recipients of the letter responded that they were not using such shifts and the office independently con?rmed these representations. The other retailers, after conversations with the New York State Attorney General?s of?ce, agreed to stop using ?on call shifts,? typically nationwide. In order to provide a more predictable and stable work environment for their workforces, these companies also agreed to provide employees with their work schedules at least one week prior to the start of the workweek. The results of this inquiry to date strongly indicate ?on call shifts? are not a business necessity, given that operations can be, and successfully have been, structured to address unexpected absences and unanticipated ?uctuations in business volume in other ways. Because we have reason to believe that Disney may be using this methodology for scheduling, we would like to know about your use of ?on call shifts.? In connection with our review, we request that Disney provide the following information and documents. Request for Information 1. What is the process by which Disney schedules employees for work? Does Disney use a computerized system for scheduling? If so, which system does Disney use and how does it function? How centralized is the scheduling process? How much autonomy do store managers have in the scheduling process? Are scheduling procedures the same for all stores or do they vary by location? 2. Does Disney utilize ?on call shifts? at any locations in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, or New York? If so, specify the location(s) and, for each such location, provide the total number of employees, the number of employees at the location subject to ?on call shift? requirements, the date on which ?on call shifts? were instituted, and the speci?c policies and practices employees are required to follow in being available for work and determining the availability of work on a given day, including the categories of employees subject (and not subject) to ?on call shift? requirements and the penalties to which employees are subject for failure to follow Disney?s policies in this area as well as the number of employees who have been disciplined or terminated for failure to follow these policies. 3. Has Disney studied or analyzed the ef?ciencies or cost savings believed to be associated with the use of ?on call shifts? or the potential or actual effect of ?on call shifts? on the productivity or well-being of its employees? If so, describe the results of any such study or analysis. Has Disney studied or analyzed alternative methods for addressing unscheduled absences or unanticipated shifts in business volume, other than use of on~call shifts? Request for Documents 1. Please provide any and all policies, handbooks, documents, postings, or other written materials provided to any employee employed by Disney in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, and/or New York regarding any and all requirements that such employee must be available for work without having work time guaranteed, and/or must call, send a text message, email, or otherwise contact his or her supervisor or any other agent or representative of Disney prior to physically presenting himself or herself in the workplace for work on a given day. . For each calendar quarter in 2014 and 2015, please provide three to four samples of schedules which include on-call shifts. To the extent that any computerized system used by Disney enables Disney to produce a report showing the number of instances of on?call shifts assigned, please provide such reports for all Disney employees employed within California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, and/or New York during 2014 and 2015. Please provide any and all time and payroll records showing dates on which any employee performed work for Disney within California, Connecticut, the District of Columbia or New York, and was paid for a time period of fewer than four hours on any given day, or within Massachusetts and was paid for a time period of fewer than three hours on any given day. Please provide any and all documents, including IT guides, computer user manuals, manager guides or handbooks, or other materials explaining the process by which Disney schedules shifts in stores located in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, and/or New York. Please provide any and all documents related to any study or analysis referred to in Requests for Information #3 and above. Please provide your responses electronically, no later than April 25, 2016, to the attention of Oncall.lnquirv@ag.nv.gov. If you are unable to provide reSponses electronically, please provide hard copies of responses to Terri Gerstein at the New York State Attorney General?s Of?ce, 120 Broadway, New York, NY 10271 no later than April 25, 2016. Thank you in advance for your prompt attention, Sincerely, am Terri Gerstein Labor Bureau Chief New York State Attorney General?s Of?ce 120 Broadway New York, NY 10271 (212) 416?6132 Angela Sierra Senior Assistant Attorney General Civil Rights Enforcement Section California Department of Justice Of?ce of the Attorney General 300 S. Spring St., Ste. 1702 Los Angeles, CA 90013 (213) 620-6312 Robert W. Clark Special Counsel to the Attorney General Of?ce of the Connecticut Attorney General 55 Elm Street Hartford, CT 06106 (860) 808-5322 Elizabeth Wilkins Senior Counsel to the Attorney General* Office of the Attorney General for the District of Columbia 441 4th Street NW. Suite 11008 Washington, DC 20001 (202) 724-5568 *Admitted to practice only in Maryland. Practicing in the District of Columbia under the direct supervision of Natalie O. Ludaway, a member of the DC. Bar pursuant to DC. Court of Appeals Rule 49(c). IE. Jane R. Flanagan Chief, Workplace Rights Bureau Of?ce of the Illinois Attorney General 100 W. Randolph Street, 11th floor Chicago, IL 60601 (312) 814-4720 Qg/ Mark Chief, Fair Labor Division Of?ce of Massachusetts Attorney General Maura Healey One Ashburton Place Boston, MA 02108 (617) 963?2626 0? Joshua N. Auerbach Special Assistant Senior Litigation Counsel Maryland Of?ce of the Attorney General 200 St. Paul Place Baltimore, MD 21202 (410) 576-6311 Alethea M. Huyser Assistant Solicitor General Manager, Solicitor General Division Minnesota Attorney General?s Of?ce Bremer Tower, Suite 1 100 445 Minnesota Street St. Paul, MN 55101-2128 (651) 757-1243 STATE or NEW YORK OFFICE or THE ATTORNEY GENERAL ERIC T. SCHNEIDERMAN DIWSION or SOCIAL JUSTICE ATTORNEY GENERAL LABOR BUREAU April 12, 2016 Forever 21 3880 N. Mission Rd. Los Angeles, CA 90031 Attn: Young Kwon Re: Request for Information Regarding ?on call shifts? Dear Mr. Kwon, Our of?ces together write to you regarding ?on call shifts,? which we believe that Forever 21 may be using. Employees assigned to on-call shifts are typically required to contact their employer an hour or two before a scheduled shift to learn whether they must work the shift. If a worker learns that his or her services are not required, the worker is paid no compensation for the day, even though the employee was required to be available to work, to forgo other job and educational opportunities, and to make arrangements for child care or other personal responsibilities. Such unpredictable work schedules take a toll on employees. Without the security of a de?nite work schedule, workers who must be ?on call? have dif?culty making reliable childcare and elder?care arrangements, encounter obstacles in pursuing an education, and in general experience higher incidences of adverse health effects, overall stress, and strain on family life than workers who enjoy the stability of knowing their schedules reasonably in advance. ?Onacall shifts? also interfere with workers? ability to obtain supplemental employment to ensure ?nancial security for themselves and their families. Our letter today is prompted by the concerns outlined above and by our shared interest in the well?being of workers nationwide. Forever 21 has store locations in many of our jurisdictions. In addition, certain of the signatory states have reporting pay or call~in pay laws which are applicable within those jurisdictions. As you may know, in 2015, the New York State Attorney General?s of?ce sent letters to fourteen major retailers seeking information about their use of ?on-call shifts.? These letters ., Lani . ?2 :W:Wt?t mi sought to address the public policy concerns described above and to ensure compliance with New York?s ?call in pay? regulation, which provides, ?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.? 12 14223. Several recipients of the letter responded that they were not using such shifts and the of?ce?independently con?rmed these representations. The other retailers, after conversations with the New York State Attorney General?s of?ce, agreed to stop using ?on call shifts,? typically nationwide. In order to provide a more predictable and stable work environment for their workforces, these companies also agreed to provide employees with their work schedules at least one week prior to the start of the workweek. The results of this inquiry to date strongly indicate ?on call shifts? are not a business necessity, given that operations can be, and successfully have been, structured to address unexpected absences and unanticipated ?uctuations in business volume in other ways. Because we have reason to believe that Forever 21 may be using this methodology for scheduling, we would like to know about your use of ?on call shifts.? In connection with our review, we request that Forever 21 provide the following information and documents. Request for Information 1. What is the process by which Forever 21 schedules employees for work? Does Forever 21 use a computerized system for scheduling? If so, which system does Forever 21 use and how does it function? How centralized is the scheduling process? How much autonomy do store managers have in the scheduling process? Are scheduling procedures the same for all stores or do they vary by location? 2. Does Forever 21 utilize ?on call shifts? at any locations in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, or Rhode Island? If so, specify the location(s) and, for each such location, provide the total number of employees, the number of employees at the location subject to ?on call shift? requirements, the date on which ?on call shifts? were instituted, and the speci?c policies and practices employees are required to follow in being available for work and determining the availability of work on a given day, including the categories of employees subject (and not subject) to ?on call shift? requirements and the penalties to which employees are subject for failure to follow Forever 21 ?s policies in this area as well as the number of employees who have been disciplined or terminated for failure to follow these policies. 3. Has Forever 21 studied or analyzed the ef?ciencies or cost savings believed to be associated with the use of ?on call shifts? or the potential or actual effect of ?on call shifts? on the productivity or well-being of its employees? If so, describe the results of any such study or analysis. 4. Has Forever 21 studied or analyzed alternative methods for addressing unscheduled absences or unanticipated shifts in business volume, other than use of on-call shifts? Request for Documents 1 Please provide any and all policies, handbooks, documents, postings, or other written materials provided to any employee employed by Forever 21 in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and/or Rhode Island regarding any and all requirements that such employee must be available for work without having work time guaranteed, and/or must call, send a text message, email, or otherwise contact his or her supervisor or any other agent or representative of Forever 21 prior to physically presenting himself or herself in the workplace for work on a given day. For each calendar quarter in 2014 and 2015, please provide three to four samples of schedules which include on-call shifts. To the extent that any computerized system used by Forever 21 enables Forever 21 to produce a report showing the number of instances of on-call shifts assigned, please provide such reports for all Forever 21 employees employed within California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and/or Rhode Island during 2014 and 2015. Please provide any and all time and payroll records showing dates on which any employee performed work for Forever 21 within California, Connecticut, the District of Columbia or New York, and was paid for a time period of fewer than four hours on any given day, or within Massachusetts or Rhode Island and was paid for a time period of fewer than three hours on any given day. Please provide any and all documents, including IT guides, computer user manuals, manager guides or handbooks, or other materials explaining the process by which Forever 21 schedules shifts in stores located in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and/or Rhode Island. Please provide any and all documents related to any study or analysis referred to in Requests for Information #3 and above. Please provide your responses electronically, no later than April 25 2016, to the attention of Oncall.Inquirv@ag.nv.gov. If you are unable to provide responses electronically, please provide hard copies of responses to Terri Gerstein at the New York State Attorney General?s Of?ce, 120 Broadway, New York, NY 10271 no later than April 25, 2016. b) Thank you in advance for your prompt attention, Sincerely, ?Zoo/? Angela Sierra Senior Assistant Attorney General Civil Rights Enforcement Section California Department of Justice Of?ce of the Attorney General 300 S. Spring St., Ste. 1702 Los Angeles, CA 90013 (213) 620?6312 Ei?fj?kr. ?at-7mm;- WETMW *F?i V1: 1? 6? mini ??0er "we w, 4 3:14.. a, arm?. a .. Robert W. Clark Special Counsel to the Attorney General Of?ce of the Connecticut Attorney General 55 Elm Street Hartford, CT 06106 (860) 808-5322 Elizabeth Wilkins Senior Counsel to the Attorney General* Of?ce of the Attorney General for the District of Columbia 441 4th Street NW. Suite 11008 Washington, DC. 20001 (202) 724-5568 *Admitted to practice only in Maryland. Practicing in the District of Columbia under the direct supervision of Natalie O. Ludaway, a member of the 11C. Bar pursuant to DC. Court of Appeals Rule 49(c). Jane R. Flanagan Chief, Workplace Rights Bureau Of?ce of the Illinois Attorney General 100 W. Randolph Street, 11th floor Chicago, IL 60601 (312) 814-4720 953% Mark Chief, Fair Labor Division Of?ce of Massachusetts Attorney General Maura Healey One Ashburton Place Boston, MA 02108 (617) 963-2626 Joshua N. Auerbach Special Assistant Senior Litigation Counsel Maryland Of?ce of the Attorney General 200 St. Paul Place Baltimore, MD 21202 (410) 576-6311 Alethea M. Huyser Assistant Solicitor General Manager, Solicitor General Division Minnesota Attorney General?s Of?ce Bremer Tower, Suite 1100 445 Minnesota Street St. Paul, MN 55101-2128 (651) 7574243 Rebecca T. Partington Assistant Attorney General Chief, Civil Division Rhode Island Attorney General?s Of?ce 150 South Main Street Providence, RI 02903 (401)274?4400, ext. 2303 ERIC T. SCHNEIDERMAN ATTORNEY GENERAL LABOR BUREAU STATE or NEW YORK OFFICE or THE ATTORNEY GENERAL DIVISION or SOCIAL JUSTICE April 12, 2016 Zumiez, Inc. 4001 204th Street SW WA 98036 Attn: Chris K. Visser Re: Request for Information Regarding ?on call shifts? Dear Mr. Visser, Our offices together write to you regarding ?on call shifts,? which we believe that Zurniez, Inc. (?Zumiez?) may be using. Employees assigned to on-call shifts are typically required to contact their employer an hour or two before a scheduled shift to learn whether they must work the shift. If a worker learns that his or her services are not required, the worker is paid no compensation for the day, even though the employee was required to be available to work, to forgo other job and educational opportunities, and to make arrangements for child care or other personal responsibilities. Such unpredictable work schedules take a toll on employees. Without the security of a de?nite work schedule, workers who must be ?on call? have dif?culty making reliable childcare and elder-care arrangements, encounter obstacles in pursuing an education, and in general experience higher incidences of adverse health effects, overall stress, and strain on family life than workers who enjoy the stability of knowing their schedules reasonably inadvance. ?On-call shifts? also interfere with workers? ability to obtain supplemental employment to ensure ?nancial security for themselves and their families. Our letter today is prompted by the concerns outlined above and by our shared interest in the well-being of workers nationwide. Zumiez has store locations in many of our jurisdictions. In addition, certain of the signatory states have reporting pay or call-in pay laws which are applicable within those jurisdictions. As you may know, in 2015, the New York State Attorney General?s of?ce sent letters to fourteen major retailers seeking information about their use of ?on-call shifts.? These letters sought to address the public policy concerns described above and to ensure compliance with New York?s ?call in pay? regulation, which provides, ?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.? 12 142-23. Several recipients of the letter responded that they were not using such shifts and the of?ce independently con?rmed these representations. The other retailers, after conversations with the New York State Attorney General?s of?ce, agreed to stop using ?on call shi?s,? typically nationwide. In order to provide a more predictable and stable work environment for their workforces, these companies also agreed to provide employees with their work schedules at least one week prior to the start of the workweek. The results of this inquiry to date strongly indicate ?on call shifts? are not a business necessity, given that operations can be, and successfully have been, structured to address unexpected absences and unanticipated ?uctuations in business volume in other ways. Because we have reason to believe that Zumiez may be using this methodology for scheduling, we would like to know about your use of ?on call shifts.? In connection with our review, we request that Zumiez provide the following information and documents. Request for Information 1. What is the process by which Zumiez schedules employees for work? Does Zumiez use a computerized system for scheduling? If so, which system does Zumiez use and how does it function? How centralized is the scheduling process? How much autonomy do store managers have in the scheduling procesS? Are scheduling procedures the same for all stores or do they vary by location? 2. Does Zumiez utilize ?on call shifts? at any locations in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, or Rhode Island? If so, specify the location(s) and, for each such location, provide the total number of employees, the number of employees at the location subject to ?on call shift? requirements, the date on which ?on call shifts? were instituted, and the Speci?c policies and practices employees are required to follow in being available for work and determining the availability of work on a given day, including the categories of employees subject (and not subject) to ?on call shift? requirements and the penalties to which employees are subject for failure to follow Zumiez?s policies in this area as well as the number of employees who have been disciplined or terminated for failure to follow these policies. 3. Has Zumiez studied or analyzed the ef?ciencies or cost savings believed to be associated with the use of ?on call shifts? or the potential or actual effect of ?on call shifts? on the productivity or well?being of its employees? If so, describe the results of any such study or analysis. 4. Has Zumiez studied or analyzed alternative methods for addressing unscheduled absences or unanticipated shifts in business volume, other than use of on-call shifts? Request for Documents 1. Please provide any and all policies, handbooks, documents, postings, or other written materials provided to any employee employed by Zumiez in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and/or Rhode Island regarding any and all requirements that such employee must be available for work without having work time guaranteed, and/or must call, send a text message, email, or otherwise contact his or her supervisor or any other agent or representative of Zumiez prior to physically presenting himself or herself in the workplace for work on a given day. For each calendar quarter in 2014 and 2015, please provide three to four samples of schedules which include on?call shifts. To the extent that any computerized system used by Zumiez enables Zumiez to produce a report showing the number of instances of on-call shifts assigned, please provide such reports for all Zumiez employees employed within California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and/or Rhode Island during 2014 and 2015. Please provide any and all time and payroll records showing dates on which any employee performed work for Zumiez within California, Connecticut, the District of Columbia or New York, and was paid for a time period of fewer than four hours on any given day, or within Massachusetts or Rhode Island and was paid for a time period of fewer than three hours on any given day. Please provide any and all documents, including IT guides, computer user manuals, manager guides or handbooks, or other materials explaining the process by which Zumiez schedules shifts in stores located in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and/or Rhode Island. Please provide any and all documents related to any study or analysis referred to in Requests for Information #3 and above. Please provide your responses electronically, no later than April 25, 2016, to the attention of Oncall.Inquirv@ag.nv.gov. If you are unable to provide responses electronically, please provide hard copies of responses to Terri Gerstein at the New York State Attorney General?s O?ice, 120 Broadway, New York, NY 10271 no later than April 25, 2016. Thank you in advance for your prompt attention, Sincerely, Terri Gerstein Labor Bureau Chief New York State Attorney General?s Of?ce 120 Broadway New York, NY 10271 (212) 4166132 6/425?? Angela Sierra Senior Assistant Attorney General Civil Rights Enforcement Section California Department of Justice Of?ce of the Attorney General 300 S. Spring St., Ste. 1702 Los Angeles, CA 90013 (213) 620-6312 Robert W. Clark Special Counsel to the Attorney General Of?ce of the Connecticut Attorney General 55 Elm Street Hartford, CT 06106 (860) 8086322 ?m Elizabeth Wilkins Senior Counsel to the Attorney General* Of?ce of the Attorney General for the District of Columbia 441 4th Street NW. Suite 11008 Washington, DC. 20001 (202) 724-5568 *Admitted to practice only in Maryland. Practicing in the District of Columbia under the direct supervision of Natalie O. Ludaway, a member of the DC. Bar pursuant to DC. Court of Appeals Rule 49(c). Jane R. Flanagan Chief, Workplace Rights Bureau Of?ce of the Illinois Attorney General 100 W. Randolph Street, 11th ?oor Chicago, IL 60601 (312) 814-4720 3g? ?Ti/?Wk Mark Chief, Fair Labor Division Of?ce of Massachusetts Attorney General Maura Healey One Ashburton Place Boston, MA 02108 (617) 963-2626 Joshua N, Auerbach Special Assistant Senior Litigation Counsel Maryland Of?ce of the Attorney General 200 St. Paul Piece Baltimore, MD 21202 (410) 576-6311 Alethea M. Huyser Assistant Solicitor General Manager, Solicitor General Division Minnesota Attorney General?s Office Bremer Tower, Suite 1100 445 Minnesota Street St. Paul, (651) 757-1243 Rebecca T. Partington Assistant Attorney General Chief, Civil Division Rhode Island Attorney General?s Of?ce 150 South Main Street Providence, RI 02903 (401)274?4400, ext. 2303