Requests to Expect From Retail, Restaurant, and Hospitality Workers

On August 27th, the National Labor Relations Board (NLRB) issued a ruling that’ll likely make it easier for fast food restaurant workers to unionize.  In subsequent weeks, many have talked about the implications for the "joint employer standard" at the heart of the ruling, because it has the potential to force corporate franchisors to the negotiation table.

This begs the question:

Once unionized, what sorts of requests can franchisors expect?

The following 6 will most likely make the list. Let’s break them down…

A $15 Minimum Wage.

Pressure from organizations like “Fight for $15” and “Fast Food Forward” has already created some change, including a commitment from the State of New York to phase in a $15 minimum wage for fast-food workers by the end of 2018.

Many employers, however, aren’t waiting: In-n-Out, Aldi, Whole Foods, Costco, Trader Joe’s, and Ben & Jerry’s are already paying their employees well above minimum wage.

Predictable Schedules.

After Starbuck’s scheduling practices were criticized in a New York Times article, the City of San Francisco passed a Retail Workers Bill of Rights, which has since been copied and explored by 11 states and federal legislators.

One component of the bill requires work schedules to be created and posted to employees at least 2 weeks in advance.

Elimination of On-Call Scheduling.

The Retail Workers Bill of Rights also penalizes employers for using “on-call” shifts.

Following the New York Attorney General’s inquiry of 13 retail brands’ potential use of on-call scheduling, many employers (e.g., Victoria’s Secret, Gap, Abercrombie & Fitch) have already announced their intention to do away with on-call scheduling.

Break Rules.

Meal and rest periods are often little-understood by small business owners, partly because the mandatory requirements for 1) frequency, and 2) pay, vary by individual states as well as the federal government.

Break rules are often also at the center of disputes between employees who file wage theft claims against their franchise employer, arguing that their time-clocking records and rights to paid breaks combine to show their regular and overtime pay was not calculated correctly on payday.

Stable Schedules.

Workers groups often talk about “schedule stability” as another key request for their franchise employers.

This means having roughly the same number of hours to work each week — ideally 40 — and roughly the same time-slot each week (i.e., “Always make my Monday shift end by 2 PM so I can pick up my kids from school…”).

An End to “Clopening.”

First defined by a New York Times article about a Taco Bell Worker, “clopening” describes a shifts where the same worker closes the doors at night and then returns to open them the very next morning.

While “clopening” isn’t illegal in many locations, its eradication is another common request for retail and fast-food workers.

Now that you know what’s coming, here’s how to get ahead of it…
You may have noticed that, aside from the minimum wage question, many of these employee requests are related to in-store scheduling.

At Workplace, we believe that Smart Schedules? balance the employer’s profitability needs against employee preferences and customer demand.

Moreover, we empower store managers to continue to create their own schedules locally — all while giving headquarters visibility to a schedule rating system that identifies areas where schedules are not meeting expectations against a library of KPIs.

Beyond compliance with union contracts or federal/state/local mandates, though, our experience has been that Smart Schedules? increase employee engagement, reduce turnover, and grow sales because they put the right number of associates, with the right attitude, in place at the right time.

Ready to get ahead of the NLRB ruling?

Let us help you get there!

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