PETA workers challenge nonprofit's on-call policy

The animal rights group People for the Ethical Treatment of Animals is being accused by current and former workers of employing an “on-call” policy that is oppressive and unfair. 

Several of the workers have filed wage-theft claims alleging PETA and its affiliated foundation failed to properly compensate them for the time they are required to be on-call and available to work within 30 minutes when contacted. 

The 14 claims, filed by in June by 10 workers in New York, California, Massachusetts and other states, argue that the on-call requirements are burdensome and even onerous, since they essentially require workers to stay home or nearby, leaving them little to no time to pursue their personal interests and obligations.

Some were placed on-call for days, and even weeks depending on their assignments, they said. 

The nonprofit’s on-call policy “is problematic and restrictive,” said one former worker, David Olsen, since it obliges employees to be quickly available for at least a full 24 hours and often for longer and are paid only if they are required to work.

“And it kept my coworkers and me from being able to make any usual plans on what would otherwise be a day off,” said Olsen, a poet and animal advocacy writer who lives in Northampton, Massachusetts. “In other words, the on-call policy does not allow for a reasonable work-life balance.” 

Olsen, who worked for PETA and its affiliated foundation as an online content producer and copywriter for nearly two years, including when he lived in the Bronx from October 2022 until October 2023, filed a claim “in an attempt, overall, to make PETA a fully fair workplace.”

The workers, who founded an ad-hoc group at the nonprofit, PETA Workers United, said that their appeals to PETA managers, human resources and even the nonprofit’s president and co-founder, Ingrid Newkirk, have been rebuffed. 

Olsen said he was eventually fired in July, “with no warning or write-up,” even though he ensured that the project he was mistakenly assigned to complete while on-call was in fact done. He believes his firing and that of some of his colleagues at around the same time was retaliatory since the nonprofit’s management knew of their involvement in what he termed "protected concerted activity," notably calling attention to what he and his co-workers have said are the onerous demands of the on-call policy. He has since filed an unfair labor practice claim with the National Labor Relations Board.

Felice Magistrali, a content creator for social media who has worked for PETA in both California and New York, said she and other members of her team are typically on-call for a week on a rotational basis. “That means we're available to work after hours and on the weekends in case anything comes up that we need to make content about and then post on social media,” she said. 

Magistrali, 28, a musician who also plays soccer recreationally, said the nonprofit’s policy makes it exceedingly difficult to attend practices and to keep appointments.
“I've had to miss out on the various opportunities, rehearsals, shows, things like that, because I have to be available in case work comes up. I have to be ready to accept it and get working on it in 30 minutes, which really limits how I'm able to spend my time now,” she said by phone last week. 

Magistrali, who filed wage-theft claims in California with the Department Of Industrial Relations and in New York with the Division of Labor Standards, said the weeklong on-call shifts rotate around about every two months if there is a full contingent of content creators. If they are short personnel, she can expect to be placed on-call at least monthly if not more. 

While there are weeks when there is a lot of activity PETA wants documented, there is also a lot of downtime, she said. “I do mostly just spend my time at home when I'm on-call and really anything that would prevent me from getting back home in more than, like, 20-30 minutes makes me feel really anxious. Even like going grocery shopping or taking my dog for a walk,” she said.

Magistrali said the workers estimate that the nonprofit owes workers more than a half a million dollars.

Laws depend on several factors

Representatives with PETA, which is based in Norfolk, Virginia, declined to address in detail the workers’ contentions or their wage-theft claims. “We find no merit to the claims and cannot discuss the matter further as they are currently in dispute,” an email from PETA representatives said. They replied similarly when asked to comment about the firings of Olsen and his colleagues. 

Both New York and federal law note that compensation for on-call shifts depends on circumstances. “Whether hours spent on-call is hours worked is a question of fact to be decided on a case-by-case basis,” including the worker’s duties and how much and how often the employee can engage in personal activities, the U.S. Department of Labor notes. 

A 1944 Supreme Court labor law case involving federal firefighters concluded in part that “[w]hether time is spent predominantly for the employer's benefit or for the employee's is a question dependent upon all the circumstances of the case.”

New York State regulations appear to mirror federal law. “Under current NYS Labor Law, there is no specific regulation for employers to compensate employees for being on call. However, each circumstance is different and specific factors may entitle a worker to compensation based on the totality of the circumstances,” a state Department of Labor spokesperson said. 

Olsen, 41, said he was otherwise a dedicated PETA employee who unfailingly met his publishing deadlines. He was called to work just once despite being scheduled on-call some half-dozen times he said. “And I stress the word ‘worked’ because you're basically waiting in case an emergency comes through or communication and you have to jump on something,” he said. 

But Olsen said his time at PETA “was very meaningful." And while he no longer works at the nonprofit, he remains hopeful that the organization’s management will recognize the value of their employees and rework its on-call policy. “I plan to still help, however I can, to make PETA an equitable and genuinely compassionate workplace that lives up to its frequently used expression of ‘we are all animals’ by fully valuing its devoted employees and their feedback, because they do amazing work.”

Magistrali also said her work at PETA can be fulfilling. “I wanted to do work that I felt like served a greater good,” she said. “I still think that the organization does a ton of good, so that's a big part of it…. I've always said that everyone who works at PETA really cares about animals, so they generally all care about people as well.”

richardk@thechiefleader.com