January 2014 - Page 12 of 23 - I Hate Working In Retail

By

Join The Booming Dollar Store Economy! Low Pay, Long Hours, May Work While Injured

Dawn Hughey had worked at Dollar General for just four months when she was named manager of a store in the Detroit suburbs in 2009. Having recently moved home after a stint in California, Hughey hoped the new honorific — and its attendant annual salary — would help her start a new life in Michigan.
But like other managers in America’s booming dollar store industry, Hughey quickly came to believe she was a manager in name only. The major dollar store chains — Dollar General, Dollar Tree and Family Dollar — have thrived by offering customers rock-bottom prices that rival Walmart’s, a business model that requires shaving labor costs wherever possible. For a manager like Hughey, that meant working far beyond a 40-hour week.
Each week, the company allotted Hughey around 125 hours to assign to the four workers in her charge, most of whom were earning close to minimum wage, she said. But according to Hughey, as well as recent lawsuits against Dollar General and its competitors, the hours that dollar store managers are allowed to assign rarely cover the work that needs to be done. The stores operate on something close to a skeleton staff, workers say.
Pressured to keep payroll down, Hughey spent most of her time unloading trucks, stocking shelves and manning the cash register, often logging 12-hour days, six days a week, to keep the store operating. She said she felt less like a manager than a manual laborer.
Dollar General saved a bundle by having Hughey do much of the grunt work. As a salaried manager, she was exempt from overtime protections and didn’t get paid for extra work. Given that she often worked 70 hours a week, at an annual salary of $34,700, her pay sometimes broke down to less than $10 per hour — hardly a managerial haul.
She and her fellow store managers didn’t like thinking about the math, she said. After all, these were supposed to be the good, middle-class jobs in the low-paying retail world.
“It was always depressing,” Hughey, 49, said. “We didn’t want to know what it broke down to. Employees would say, ‘You’re the boss, you get the big bucks.’ But, really, you’re making [as much as] I am.”
The physical demands of the job took their toll. As Hughey was loading 25-pound boxes of books off a cart one day in July 2011, she felt a pinch in her neck, and “an immediate stabbing pain,” she recalled. The strain would eventually lead to X-rays, MRIs, physical therapy and recommendations to see a neurosurgeon, according to Hughey’s medical records. Hughey was put on work restrictions by her doctor, but continued clocking in.
As the pain got worse, her doctor told her to take two weeks off. On her third day back on the job, she was called into a meeting with her district manager, according to Hughey. “He told me we were going to part ways,” Hughey recalled. The manager said Hughey was being let go due to productivity problems that predated her injury. Hughey then began what would turn out to be a two-year battle over workers’ compensation due to her health problems.
Recent strikes by workers at fast food restaurants and at Walmart have helped spark a national discussion about pay and working conditions in the retail sector. Dollar stores like Hughey’s are a growing piece of that world, as companies like Dollar General have managed to take on Walmart in the discount retail game. The New York Times Magazine wrote that the influx of more affluent shoppers at these stores has helped create a “dollar store economy” in the wake of the Great Recession.
But the stingy payroll required by the dollar store business model leaves many employees overworked, underpaid and even injured, according to workers and litigation filed over labor practices. While further promotions await some managers, for many the leadership job they longed for isn’t a road to the middle class so much as a glorified manual labor gig that quickly burns them out.
In interviews and court documents, former and current store managers claim major dollar store companies classify them as managers merely to evade overtime obligations and to pay them less money. Those managers’ employees, in turn, have accused the companies of illegally shorting them on pay and forcing them to work off the clock due to payroll constraints.
Several workers told The Huffington Post that they lost their jobs or their hours once they got hurt or encountered health problems, leading to bitter feelings and long legal battles.
“We’re disposable,” Hughey said.
A NEW STORE EVERY SIX HOURS
The number of dollar stores in the U.S. has roughly doubled over the past decade, the full tally now approaching 25,000 nationally, according to the brokerage firm Sterne Agee. Such stores are much smaller than a Walmart — about 8,000 square feet, compared with the 182,000 of a typical Supercenter — but they’re also becoming far more accessible to U.S. shoppers than the nation’s top retailer. There are now approximately five dollar stores in the U.S. for every Walmart.
Dollar General, Family Dollar and Dollar Tree are on pace to open one new store every six hours this year, according to Sterne Agee’s analysis, and they now employ more than 220,000 full-time and part-time U.S. workers, according to the companies’ annual reports. Dollar General alone has 90,000 employees. Unlike with Walmart’s employees, dollar store workers are siloed in small stores with few coworkers, leading to little workforce identity and no labor union presence.
Much of the industry’s growth has come courtesy of the Great Recession. As the worst downturn in a generation settled in, shoppers increasingly looked for bargain bins close to home, steering them to the discount detergent, toilet paper and other so-called consumables that Dollar General and its competitors thrive on.
Many of the new shoppers at dollar stores are people who wouldn’t have stepped foot in one a decade ago. The big chains bore a reputation for operating dingy stores in run-down, high-crime neighborhoods, selling 99-cent items mostly to the poor. Sensing an opportunity to poach shoppers from big retailers and grocers, the main dollar store chains have spruced up their shops and broadened their inventory to make them more inviting to middle-class customers.
“People have migrated there and stayed there,” said Joan Storms, an analyst at Wedbush Securities.
Storms said the chains have improved stores to make them pleasant places to shop and to work.
“When you shopped those stores before, you really felt poor,” Storms said. “Over the last few years they’ve really upgraded the shopping experience and the working experience by reformatting stores, cleaning them up and adding better merchandise.”
Retail is one of the lowest-paying jobs in the economy, with a median annual salary of about $25,000, according to the Bureau of Labor Statistics. That’s well below what a family needs to support itself in most parts of the country. Retail workers are also unlikely to have employer health insurance, either because it isn’t offered or it’s prohibitively expensive. (As full-time employees, most dollar store managers do have health care coverage and other basic benefits.)
This low compensation — driven in large part by the cheap prices consumers demand — has been an essential ingredient in retail growth, including dollar stores. In the case of Dollar General, the company’s success has helped make it a poster child for the private equity industry. As private equity was assailed as “vulture capitalism” during last year’s presidential election, a trade group for the industry boasted that Dollar General had added more than 20,000 jobs since the firm Kohlberg Kravis Roberts acquired it in 2007. (The company went public again in 2009.)
But the growth of dollar stores has come with a boom in litigation from employees on the lower rungs of the economic ladder. Since just 2010, more than 30 federal wage-and-hour lawsuits have been filed against the three primary dollar store chains, according to court records. Such lawsuits are now common across industries, as workers sue employers under the Fair Labor Standards Act. But the dollar store world in particular has become a breeding ground for allegations by workers that they were shorted on pay.
For the dollar store chains, worker lawsuits have simply become a cost of doing business. Earlier this year, 6,000 Dollar Tree workers joined a lawsuit against that company. They claimed they were forced to clock out for breaks, but had to continue working unpaid anyway.
“The number of employment-related class actions filed each year has continued to increase,” Dollar General, which had sales of $16 billion last year, wrote in its 2010 annual report. In addition to litigation under the Fair Labor Standards Act, female managers sued the company in a class action alleging the company systematically underpaid them compared with male counterparts. The case was settled for $19 million last year.
Wanda Womack, the lead plaintiff in the sex discrimination case, worked as a manager for 11 years at different stores in Alabama. Like other longtime managers, Womack said the heavy workload at her store led to wear and tear on her body. She eventually got hurt lifting heavy boxes and required a series of rotator cuff surgeries, she said.
She went on a leave of absence with workers’ comp, but her job came to an end when it was apparent she could no longer lift 40 pounds, according to court filings. Womack filed her lawsuit after she was let go.
“It really took 20 years off my life because of all the muscle pains. I have back injuries, I have neck injuries,” Womack said.
As for Dollar General, “They’re popping up everywhere,” she said. “They just keep getting bigger and bigger and bigger.”
A SQUEEZE ON WORKERS
Like other retailers, the dollar store chains budget payroll hours to individual stores based on sales, geography and other closely watched metrics. It’s up to store managers to find a way to hit their sales goals and remain operational while coming in under their payroll ceiling.
Managers’ quarterly bonuses — a critical supplement for many, given average salaries in the mid- to high-$30,000s — hinge on their ability to keep stores profitable on thin margins. (According to salary data from Glassdoor.com, Walmart store managers earn well over twice the salary of dollar store managers, likely because their stores and workforces are so much larger.)
For managers, that means being stingy with the hours given to part-time workers, and then handling whatever work gets left behind. Many managers said they feel no different from the people they supervise, except that their hours are longer. The per-hour pay rate often works out to be roughly equal.
“I’ve managed other retail stores. This was different,” said Berdie Gillis, a former Dollar General store manager. “There are not enough hours, and not enough people. The turnover was horrible.”
Dollar store managers don’t benefit much from the Fair Labor Standards Act. Enacted in 1938, the bedrock labor law established the country’s minimum wage and overtime protections, and to this day serves as the primary governor on the 40-hour work week. By requiring that companies pay workers time-and-a-half for overtime, the law makes bosses pay a price for making their employees work long hours. It also encourages companies to spread the work to different employees to avoid paying a premium. Because they’re part of management and work on salary, white-collar supervisors are exempt from the overtime law.
The problem, according to Jennifer Klein, a Yale history professor, is that the law is still predicated on the industrial economy of the mid-20th century, when the lines between managers and rank-and-file workers were clear. The modern service economy, she said, is full of workers who may have “manager” in their title, but largely function as manual laborers and clerks.
The system “actually forces the management to squeeze people, to squeeze them and make them work hours off the clock, and for managers to pick up the slack,” said Klein.
“The model was based on full-time employment in an industrial enterprise, where there was a clear recognition of who was the boss and who was the employee,” Klein continued. “Employers obviously have a lot of incentive to exploit the ambiguities and continue to manipulate the meaning of ‘employee.'”
The number of lawsuits alleging misclassification and wage violations in all industries has skyrocketed over the past decade, hitting record highs. According to an analysis from the Federal Judicial Center, nearly 8,000 such lawsuits were filed under the Fair Labor Standards Act in the last reporting year, after hovering around 1,500 a year in the 1990s and early-2000s.
Businesses often say this boom in litigation comes courtesy of money-hungry lawyers seek big-dollar settlements. But worker advocates say the rise in lawsuits is because employers game the system and workers aren’t being paid what they’re owed. Workers may also be more sensitive to getting shorted on their pay these days, given that a lot of paychecks in low-wage industries like retail haven’t kept up with the cost of living.
In a statement to HuffPost, Dollar General said that its managers have played “a critical role” in the company’s success, and that their status as salaried, “exempt” employees is appropriate. (The company declined to address individual workers’ claims, citing litigation.)
“Based on the nature and importance of store manager responsibilities, Dollar General classifies its store managers as full-time, salaried employees who are eligible for company-supported health care coverage and a competitive bonus system for the retail industry,” the company said.
Dollar General added that off-the-clock work is “absolutely” prohibited.
“Store managers are responsible for staffing and scheduling at their stores,” the company said. “They are provided with the tools and training to ensure that their stores’ business needs are met and employees are paid in accordance with company policy and the law.”
Dollar Tree didn’t respond to a request for comment. In an email to HuffPost, Family Dollar spokeswoman Bryn Winburn said the company believes its managers are “properly classified as exempt” from the Fair Labor Standards Act.
“The number of hours worked by Family Dollar store managers varies due to many factors, including the skill and experience of the specific manager,” Winburn wrote. “Because store managers are responsible for the entire operation of their stores, they are also responsible for setting the weekly schedule for the employees in that store, including their own, and in assuring that all employees in their stores receive the appropriate breaks.”
Winburn noted that Family Dollar was “not alone” in believing its managers should be exempt from overtime and minimum wage laws, noting the company’s many victories in federal court. A North Carolina federal court “has ruled 46 times in the past few years that individual Family Dollar store managers are classified properly,” she said.
Andrew Frisch, a lawyer who’s sued Chesapeake, Va.-based Dollar Tree on behalf of assistant managers, said it’s the companies’ taut payroll that lead to lawsuits. Many workers end up working through legally mandated unpaid breaks or doing other off-the-clock work, he said.
“It’s an untenable amount of work,” Frisch said.
In addition to working through unpaid breaks, Frisch said there are other, smaller ways in which dollar store employees get shorted. “At virtually every dollar store chain, there are people responsible for bringing bank deposits,” Frisch said. “The people at the end of the day get screwed. They clock out and leave, and then have to do the deposit.”
John Nicoletti is familiar with the dollar store labor model.
In early 2012, Nicoletti took a manager’s job at a Dollar General store in Martin, Tenn, he said. He’d put together a long career in retail, managing gas stations for years before starting the new job. He’d heard stories of brutal hours at dollar stores, but a supervisor told him when he started that he’d be working about 45 hours per week. Nicoletti couldn’t work much more than that because of neuropathy, a painful form of nerve damage caused by his diabetes that limited how long he could be on his feet each day.
Nicoletti said he was quickly working 60 or 70 hours per week, often putting in 12-hour days or longer, doing nearly everything on his own because his staff was short-handed. Nicoletti said he believes many managers take the job believing they’ve attained a supervisory role with some cachet, only to be disappointed.
“Psychologically, they get you to believe that you are actually a manager…. But we’re stock people,” Nicoletti said. “They want you to continuously work. There’s no stop. It’s just a continuous productivity thing with them. They really worked people into the ground until they got everything they could get out of you.”
Nicoletti said he soon found himself pleading with a regional manager for more hours to give employees. He said his own workers were shifted to other, similarly understaffed stores nearby. As the stress of the job mounted, Nicoletti’s doctor informed him he’d developed hypertension.
“I never had a blood pressure problem until October,” Nicoletti said. “It was only caused by the fact that they were taking people from my store and bringing them to another.”
Eventually, the stress was so bad that Nicoletti developed muscle spasms, he said. He left in the fall, having lasted about seven months.
Nicoletti said he couldn’t help but do the salary math that bothered Hughey so much. He said said his pay often broke down to a little more than $8 per hour, less than minimum wage in some states.
‘THE ONLY THING IN TOWN’
Dollar stores may have lured middle-class customers in recent years, but they still predominate in low-income areas. A “dollar store belt” stretches from Indiana and Ohio south to the Gulf Coast. It’s no accident that West Virginia and Mississippi — two of the poorest U.S. states — are also the two states with the greatest number of dollar stores per capita, according to an analysis by the Martin Prosperity Institute.
“Retail salesperson” has become the most common occupation in America, with 4.3 million people working the country’s sales floors and registers. In down-and-out areas, particularly where manufacturing or energy jobs have vanished, dollar stores now hold some of the only work that’s available.
“It’s the only thing in town,” said Sheila Sheneman.
Until late last year, Sheneman worked in a Dollar General store in Montcalm County, Mich. The unemployment rate there was above 17 percent in 2010. It’s dropped since then, but remains a stubborn 10.2 percent.
After about five years on the job, Sheneman said she was making $8.65 per hour as a “keyholder” — a low-level store management position. She and her husband carried debt, and the modest paycheck helped them tread water. But she said it was “impossible to try and live on those wages,” especially when full-time hours are elusive for non-managers.
If dollar stores are to hold good, middle-class jobs, Sheneman said, the companies need to provide managers with enough payroll to run their stores safely, even if that means taking less profit or passing some of the cost on to customers. The current labor model comes with its own unseen costs, like high turnover and stress for employees, she said.
There’s also the intangible factor of employee morale.
One day in 2010, Sheneman woke up with a wrenched back, nearly unable to get out of bed. She was all but certain the injury was due to moving the store’s “rolltainers” — massive cages that hold hundreds of pounds of products. She went to the doctor and ultimately worked despite the pain, but she filed a workers’ compensation claim to help cover her copays and medicines.
The company challenged the claim, arguing that Sheneman’s injury wasn’t due to work. Once Sheneman fought back, she said the company’s lawyers quickly capitulated in a conference call with her and her lawyer. According to workers’ comp records, Sheneman got a check for $250 to cover her out-of-pocket costs, but she said the experience was dispiriting. 

Then, last September, Sheneman broke her left arm in a motorcycle accident. She claimed she was soon taken off the schedule.
“If they said I could come back, I would probably swallow my pride and go back, just to have some income coming in,” Sheneman said.
Dollar General disputed her unemployment claim, according to records with Michigan’s unemployment agency. Sheneman said she was fired; her employer questioned her ability to work. The state’s unemployment agency sided with Sheneman.
Dawn Hughey, the Dollar General manager from Michigan who hurt her neck, agreed to a preliminary settlement with the company for an undisclosed sum in August. Hughey’s unemployment insurance ran out a few months ago, and she’s been relying on food stamps to get by. She even looked into selling blood. She was recently evicted from her apartment and moved in with a cousin.
“Sometimes my neck is in a lot of pain, and I have to lay down and get the pillows just right to get it to stop,” she said.
While she had viewed her job at Dollar General four years ago as the start of a new life, Hughey said she’s now hoping the workers’ compensation settlement will help her get back on her feet and settle some debts. When she finally ran out of money, the minister at her church helped her make the final payments on her car so that it wouldn’t be repossessed.
“I’m going to pay her back when it’s all said and done,” Hughey said.
This story appears in Issue 69 of our weekly iPad magazine, Huffington, available Friday, Oct. 4 in the iTunes App store.

 

By

Is working retail close to slavery?

A great post found from a few years back, it explains really well the long hours we have to work as retailers. Well worth a read!!!

Is Working in Retail Close to Slavery?

Opinionated Review of Working in Retail

Once I had thought maybe I was alone in this notion. Time and time again I’ve been proven wrong.

Many people don’t think about what goes on in a retail store behind the scenes, only coming in to select the items they wish to buy. Unfortunately what people don’t realize is, these people who work in retail, are stressed out, tired, and usually not happy with being there. Granted, we have all had our issues with service from a retail store, the people not being helpful or friendly in some way. Have you ever thought why? Some think it’s because they are miserable, not positive about themselves. Honestly, you couldn’t have hit it closer to the mark.
The reason for terrible service or items not being up to par has a lot to do with the company, and it’s employees. The notion that life in a retail store is like a Walgreen’s commercial is comical at best. The majority of retail businesses focus so much on pleasing the customer that they forget about the most essential ingredient. The employees.
The majority of men and women who work in retail management combat the most bizarre and simply abusive general public. They also work beyond a recommended life/work balance, putting in at least 50-70 hours a week. Another large issue is companies tend to cut back on employees and thus sending the management into a “retail hell” by only having enough hours to run the store with only one manager and one employee for the duration of the time the store is open.
It’s a falsehood that bigger retail chains tend to have massive amounts of people working at a given time. They only want it to “look” that way. In reality those same people are doing 4-5 different positions in the store during the time they are there. When you approach these people asking for help, they simply don’t have the time to walk around with you and help you pick out the items you may need.
It’s not that retail workers don’t want to help you, it’s that on top of working so many hours and so many days in a row, before finally getting a day off, that stresses any human being to the point of not caring anymore. Majority of retail workers, if honest with themselves will say, they couldn’t care less if your in the store or not. Less customers, less work, and less stress to them.
From a business standpoint that is bad, means loss profits, and less people coming in to buy the items they sell. Eventually causing the company to bankrupt, and then the employees are out a job. Does it matter? Not really, because those same people can hop on another retail ship since the majority of retail doesn’t require you to have a degree, or even work experience. There’s no challenge, no incentive to stay and be loyal to a company that only wants profits, and thus seeks to cut “corners”. To me, it’s just like lighting both ends of a candle.
The market today for retail is terrible. The industry is reporting that it’s hard to find workers. Well, I would think so if you only offer minimum wage, long hours and a terrible work environment. The people who run these retail stores haven’t the slightest clue about what it takes to make profits. It’s more than planograms, more than having enough merchandise at a fair price. People will go where the prices are low, yes, but they will also go where, even if they had to spend an extra dollar, for exceptional customer service.
My plea to the retail industry is simply this.
1. Stop hiring people who are uneducated, criminal, and have hardly any work ethic, or experience.
2. Ensure you have enough people (management, and employees) in your stores to help customers only. Not work shelves, or other piddly nonsense that can be done before or after hours. Customers don’t want to have to move around shipments just to get to the items they need.
3. Abide by the Employment Laws, and regulations set by the federal government, and local governments, so that your employees aren’t worked to death. (Not just hourly, but salary people too. )
4. Quit looking for shortcuts, and cutbacks that make working in your stores a nightmare, and to the point of ill health. Just to make your shareholders happy.
5. Allow ample time off for those in management, so that they can have time with their families, and freedom to enjoy other interests.
6. During the holiday seasons, allow associates to take time off, and vacations, by hiring temporary workers to fill in the gaps.
7. Don’t assume that the customer is always right, especially if they’ve had a bad day and decided to cuss out the associate for mis-ringing an item. This is simply abuse, and in a normal setting, people wouldn’t take advantage of the fact that retail companies allow this to happen on a daily basis.
8. Returns, are they really necessary? I mean unless the product is faulty, or damaged when purchased, if the person didn’t want the item they shouldn’t have bought it in the first place. This would also greatly reduce theft, since some people like to find receipts and return items they stole off the shelves.
For customers of retail stores, here’s what I have to say to you.
1. Don’t take items off the shelf and throw them somewhere else simply because you’ve changed your mind, put it back!
2. Don’t expect the store to bend over backwards because you want to buy an item that’s damaged and want a discount. Odds are, the company makes more sending it back to the vendor, then allowing you to buy it.
3. Don’t expect the store to babysit your kids while you browse the aisles. Kids tend to throw stuff around and scream their little heads off.
4. If you want good customer service, try letting this article sink in, then tell the companies to get more people. When there is more of us, you win.
5. When we ask you for your phone number or zip code, it’s because we have to, or face getting written up, so don’t take your “fear of identity theft” anger out on us.
6. When making a decision on something, please stick to it, or come back when your sure that’s what you want.
7. Hugging is not really a good way to show your appreciation for good service, writing a letter or calling the corporate office is!
8. When complaining about something, bear in mind the people working in the store, didn’t make the policies, the layout of the store, or what items they carry. Again, take it up with the corporate office.
Finally, for those of you who think doing fake returns and stealing from the stores is fun, and an easy way to support your habits, or kids, maybe you should fill out an application, you would most likely be hired.
Ms. LC

By

Retail Work gives NO work life balance. A great article from money watch

ByAlain Sherter MoneyWatch April 16, 2013, 3: 04 PM

In retail, life on the job often leads to a dead end

The entrance to Juicy Couture’s flagship store on Fifth Avenue in New York. Joe Kohen/Getty Images
(MoneyWatch) Latoya Simpson did everything right — and paid the price.
The 22-year-old was studying radiology at New York City College of Technology last year and making $13.50 an hour as a full-time cashier at Juicy Couture, in the women’s apparel maker’s Fifth Avenue store in midtown Manhattan. Then she said the company gave her a choice: Either make herself available to work more, which would require her to quit school, or go part-time, resulting in a big drop in pay. It wasn’t that store managers wanted her to work more hours — they just wanted her to be around in case they needed her.
Unable to make ends meet on a part-timer’s income, she reluctantly set aside her studies. “I felt that was unfair because when they promoted me to full-time they said it was fine for me to go to school,” she said. “Then they gave me an ultimatum about dropping out of school or opening up my schedule. I had bills and rent to pay, so I kept the full-time position and stopped going to school.”

Vito Amati/Getty Images

In March, only a few months after leaving school and after nearly four years at Juicy, she was fired for violating the company’s lateness policy.
Simpson’s experience and that of other current and former Juicy employees typifies the squeeze faced by workers across the retail industry. Juicy, a once trendy brand that has lost allure in recent years under the management of corporate parent Fifth & Pacific (FNP), has in recent months pushed to replace higher-paid full- and part-time workers with part-time employees earning far less, they said. Workers also said managers slashed hours for more highly paid personnel, who could earn upwards of $15 an hour, even as the company hired part-timers willing to work for $9 or $10 an hour.
The story is also made more complicated by politics: Several ex-employees said they were told that the retail chain was capping people’s hours partly over concerns that workers might qualify for health benefits when the Affordable Care Act takes effect in 2014. “Some managers said, ‘You can thank Obama for this’,” said Ali Marshall, 22, a former Juicy cashier who earned $12 an hour until she was laid off in March, in relating one reason she says she was told when her hours were cut in half earlier this year.
Juicy Couture denies that it has recently capped or reduced employee hours, while acknowledging that business after the holidays tends to drop off, reducing the need for seasonal workers. “Our hours for both full-time and part-time employees are consistent with comparable periods in prior years,” said Jane Randel, senior vice president of corporate communications and brand services at Fifth & Pacific, in a written response to questions. “Like every other retailer, we face and respond to seasonal fluctuations.”

Fifth & Pacific also said that the average hourly pay rate for part-time employees has risen since last year and that it has increased the number of full-time employees, relative to part-timers, across Juicy. Last fall the company laid off more than a fifth of Juicy’s workers. The company said it is studying the potential impact of the health law, known colloquially as “Obamacare,” but that it has yet to discuss with managers how the company will comply with the ACA.
Shrinking hours, shrinking pay
If these employees tell the same story, it is by no means one that is unique to Juicy Couture and Fifth & Pacific. Rather, it is increasingly the norm among retailers, which employ 1 in 10 New Yorkers and 1 in 9 people nationally. For these workers, whether at industry Goliath Wal-Mart (WMT) or at direct Juicy rivals such as Banana Republic and The Gap, retail jobs typically do not offer a living wage, let alone a leg up into the middle-class. Rather, with even full-time workers struggling financially, they are far more often a pathway to poverty.
“It’s not just happening at Juicy Couture — it’s widespread,” said Susan Lambert, a professor of organizational theory at the University of Chicago and an expert in work-life issues. “People at the top of every company will say, ‘That isn’t our policy.’ And of course it’s not. But what happens is that firms set up incentive structures without thinking through their implications at the front lines.”
Retail jobs have long been lower-wage. Among full-time workers, hourly wages range from $14.42 on the high end of the scale to $9.61 for lower-paid people, according to Demos, a New York think-tank. Part-timers generally make much less, with wages of $9.61 on the high side and $8.25 on the low (see chart below). The typical retail salesperson makes $21,000 per year, while cashiers earn $18,500.

But the erosion of labor protections, corporations’ focus on their share price and developments in workforce management technologies are today combining to make such work increasingly precarious. Full-time jobs are being replaced by part-time positions offering diminishing hours, usually with no benefits and no paid time off. Roughly a third of U.S. retail workers typically work less than 20 hours a week, research shows, while 18 percent work less than 15.

As a result, with companies employing large numbers of part-timers and hours hard to come by, workers increasingly find themselves competing not with the store down the street, but with each other.
Meanwhile, the use of “flexible” labor practices is making life difficult for millions of retail and other employees. Employers are not only keeping a lid on hourly wages, but also rationing hours while requiring workers to be available to work at all hours of the day or night, on weekends and during holidays.
The upshot: With the retail sector shaping up to be the second-largest provider of jobs in the U.S. over the next decade, a growing swath of America’s workforce can no longer be sure from one week, day and even hour to the next when they will work or how much they will earn.

Demos


Counting time

Many companies use scheduling, workforce “optimization” and other software to help manage employees. What is changing is the growing adoption of so-called just-in-time and “on call” scheduling, especially in service industries, as stores seek to match the number of workers they have on the floor to business demand.
Employers say the benefits are obvious: limiting employees’ hours amounts to limiting payroll costs. Using metrics like floor traffic and commission figures for sales staff, such software can help companies decide when — or if — to schedule people. Along with calibrating staffing levels to customer flow, employers also can limit overtime and generate cost savings as business conditions change. Although the technology can run into the hundreds of thousands of dollars for larger companies, smaller firms can turn to far cheaper “on-demand” scheduling options.
“A key way employers control their labor outlays is by keeping close watch on the number of hours assigned to workers,” said Lambert, noting that 37 percent of retail jobs in the U.S. are now part-time. “One way they do this is by keeping headcount high. They keep lots of part-time workers on the schedule, but there aren’t enough hours to spread around to make real jobs for employees.”
As such practices have become common among larger retailers, including at stores like Juicy Couture, workers’ schedules have grown increasingly erratic. Only 17 percent of retail employees have a set schedule, while 20 percent learn their working hours with no more than three days notice, according to a 2012 study by labor experts Stephanie Luce of City University of New York and Naoki Fujita of the Retail Action Project, an advocacy group for retail workers. Some 43 percent of these employees are on call, requiring them to phone their managers to find out if they are scheduled, sometimes with as little as two hours advance notice.
Fifth & Pacific said it requires managers to post schedules in advance and that it doesn’t use on-call scheduling. But former employees say their hours were often changed without warning.
“They would change the schedule and wouldn’t even communicate that,” said Duane Davis, 26, who worked in the Fifth Avenue store’s stock room at Juicy for four years before leaving in February and who recently worked with the Retail Action Project to start an online petition calling for fairer treatment of Juicy employees. “You’d show up and you weren’t even working the schedule that you thought you were working.”

Ex-Juicy Couture employee Duane Davis wants the retailer to give part-time workers more hours.
Retail Action Project

Davis added that employees would often take a picture of their schedules so they could document for managers when they had been scheduled to come in.
This is not unusual in retail, experts said. If customer traffic is slow, employees may be sent home upon arriving for work, or they might have to stay beyond their normal shift if business picks up. Workers may find themselves working a day shift one day and at night the next, while many are expected to be available seven days a week, according to an analysis of just-in-time scheduling by Demos.
As they struggle to maintain their shifting schedule, workers are often penalized for being late or because of other unplanned absences, such as doctor’s visits.
“There’s no predictability to their lives,” said Stuart Appelbaum, president of the Retail, Wholesale and Department Store Union. “How do you arrange for child care if you don’t know if you’re going to be working? How do you arrange that if you want to go to school? How do you get a second job if you always have to be available?”
Fifth & Pacific said it uses scheduling software to guide staffing levels. But Lambert’s research raises questions about whether customer demand varies as much as retailers claim. At most stores, 80 percent of staffing hours remain consistent from month to month, she has found. That suggests scheduling requirements are, by and large, highly predictable.
A fading brand
Still, Juicy Couture is no different than many retailers that seek to minimize labor costs by relying mostly on part-timers and by calibrating workers’ hours to demand. But the unit’s weak financial performance, coupled with the arrival of a new CEO in December, appears of late to have intensified its cost-cutting measures.
When Fifth & Pacific, then called Liz Claiborne, bought Juicy in 2003, the brand was known mostly for its “casual luxury” line of velour hoodies and pants; today its products includes dresses, tops and other clothes along with accessories including handbags, watches and jewelry. Yet Juicy’s designs failed to keep up with the times, and revenue has fallen sharply. The brand’s sales sank 6 percent last year to $499 million, with net sales shrinking an additional 4 percent in the latest quarter. Overall, Fifth & Pacific lost $59 million in 2012, or 54 cents a share, on sales of $1.5 billion.
Fifth & Pacific is trying to fix Juicy. Along with last year’s layoffs, in December the company hired former Kenneth Cole executive Paul Blum to revitalize the brand. Those steps may be a prelude to shedding Juicy, which has 78 specialty retail and 54 outlet stores.
The Wall Street Journal reported earlier this month that Fifth & Pacific was exploring a sale of Juicy and denim clothes maker Lucky Brand. That would leave Fifth & Pacific with a single major brand — its Kate Spade line of designer clothes, bags and other goods.
Amid stiff competition in the apparel industry and the downturn that followed the housing crash, Fifth & Pacific sales tumbled from $5 billion in 2006, when CEO William McComb joined the company, to $1.5 billion last year. The retailer’s stock has lost more than half of its value over that period. (That decline has not deterred Fifth & Pacific from giving McComb a hefty raise — his total compensation package for 2012 rose to $8.2 million, up from $5.4 million the prior year, according to a recent regulatory filing.)
If just-in-time scheduling can help companies save on labor costs, such practices may hurt them in other ways. Davis, who emphasized that he once “loved working at Juicy,” said the company’s move to cut part-timers’ hours, aggravated by scheduling snafus, left employees dispirited.
That can increase employee turnover, which tops 50 percent in retail, according to industry studies. Constant staffing changes are costly and seemingly problematic for businesses that count on good customer service to drive sales.
Still, how much employers care is open to question. High turnover lets employers limit other costs, such as pay raises and layoffs. Another perk as far as many companies are concerned: Employing mostly part-timers whose schedules change frequently makes it difficult for workers to unionize, said Katherine Stone, a professor of law at UCLA and an expert in employment law.
Working poor
If these changes in retail makes life on the job unpredictable, more certain is the adverse economic and social consequences that part-time labor and just-in-time scheduling has for employees and their families. For one, 58 percent of the jobs created since the recession officially ended four years ago have been in low-wage occupations that rely heavily on part-time workers, including retail sales, food preparation, home health and customer service, the National Employment Law Project, an advocacy group, found in a 2012 study.
That, in turn, is stoking income inequality in the U.S. And notably, that trend is not only the result of long-term joblessness or soaring CEO pay. It is also a function of rising “in-job” income volatility among people at the bottom of the labor market.
“It’s not just unemployment — it’s that you have a job and your income is going up and down,” the University of Chicago’s Lambert said.

U.S. families that rely on part-time work for income are far more likely to end up poor than those where at least one person has a FT job.
U.S. Census Bureau, 2011 data

Indeed, the explosion in part-time work appears to be fueling the rise in poverty that followed the housing crash. In 2011 (the last year for which figures were available), nearly one-third of working families — meaning a household where at least one person had worked 39 weeks in the past 12 months — were defined as low-income, according to the U.S. Census Bureau. That’s up from 28 percent in 2007, while more than 1 in 10 working families were below the poverty line.
Also clear is that for many wage-earners, the difference between staying afloat and sinking comes down to the number of hours they work every week. The poverty rate in 2011 for households with at least one full-time, year-round earner was 3.8 percent, according to the Census Bureau’s latest Current Population Survey. But the poverty rate was more than seven times higher, at 27.4 percent, for families in which no one worked full-time but which had at least one part-time worker employed part of the year.
For its part, Fifth & Pacific maintains that it wants to look out for their employees’ welfare. “We are always concerned about our associates’ well-being, and we would love to have so much business that we could have more hours for all our employees,” Randel said.

“Be fair”
What legal protections do part-timers have as they cope with shortened schedules and the vagaries of just-in-time management? Not many. Less than 5 percent of retail workers are represented by unions. Labor laws also have not kept pace with changes in the job market. Although the Fair Labor Standards Act in 1938 established a national minimum wage and limited work hours, among other safeguards, it was created in an era when most employees worked full-time. Today, the problem for many workers isn’t excessively long hours, but inadequate and unpredictable hours, along with the low and fluctuating pay that goes with it.
“There needs to be wage and hour protections for part-time workers, such as posting hours in advance, minimum pay if hours are shortened or cancelled, and a minimum number of hours guaranteed per shift,” Stone said, noting that countries like The Netherlands have laws that ensure parity in pay and benefits (on a pro-rated basis) for part-time and full-time workers. “There are ways for employers to fill staffing needs, even when those needs are variable, without putting all of the burden on workers.”
Duane Davis, a single father with a two-year-old daughter, has found another job since leaving Juicy. Yet he remains committed to pressing for change at the company. Asked what message he wants to deliver to Fifth & Pacific leaders, he said, “You’ve got to be fair to people. We’re not asking for much. We just want more hours — that’s it. Take care of us like we take care of you. We’re not asking for huge raises, just more hours. Some of us depend on it.