The law has helped hundreds of millions of workers in its relatively short history. Berkeley employees are allowed to request a flexible or predictable work schedule. Predictive scheduling rules vary by jurisdiction, but often have the following components: Advanced notice of work schedules. Predictive scheduling legislation seeks to ameliorate these challenges by giving employees a window into their upcoming work schedule, either by banning on-call scheduling altogether,. Yet, Oregon has such a law. NOTE: Additional compensation is not required for schedule changes that result from a natural disaster or similar event outside the employers control. And for the first time in southern California, Los Angeles, just passed the Retail Fair Workweek Ordinance which is awaiting final approval from outgoing Mayor Gil Garcetti. These regulations provide clear numbers on the minimum employers must do, but that doesnt mean they cant go above and beyond that. Derek Jones, VP or Business Development at Deputy, a workforce automation company, sees a correlation between the drive for predictive scheduling and other employment law advocacy. In addition, an employee may request not to be scheduled for work shifts during certain times or at certain locations, but an employer may require the employee to provide reasonable verification of the need for such a request. Provide employee schedules at least 2 weeks in advance; Make no changes to the employee schedule with less than seven days notice;changes made past that deadline would mean employers will have to pay the employee 1 to 4 penalty hours pay; and. An employer may not retaliate against an employee for making a request to not be scheduled, but is under no obligation to grant the employees request to be taken off shifts. Predictive scheduling gives employees the advance notice, stability, and information to plan their lives around their work schedule. Predictive Schedulingposter,giving notice of the rights and responsibilities of this law. Weve been serving clients for more than a century, and weve been climbing the ranks of the nations largest firms for many years, according to both The Am Law 100 and The National Law Journal. If you work for a large employer (with at least 500 employees worldwide) in the retail, hospitality, or food services industry, they must follow rules around scheduling you for work. Employers who receive a request must meet with the requesting employee within 21 calendar days of the request, and must consider and respond to the employees request in writing within 21 calendar days of the meeting. San Francisco was the first location to enact a predictive scheduling law in2015, followed by Seattle, Oregon, New York City, Chicago, Philadelphia, and Emeryville, California. The city council in late November 2022 unanimously approved the Los Angeles Fair Work Week Ordinance. Under the advance notice provision of New York predictive scheduling laws, employers must give employees at least 14 days' notice that they are scheduled to work. Predictive scheduling is just one part of a larger movement toward employee-friendly legislative reform. These laws are something employers and their HR staff should go out of their way to monitor. Posting rules. Covered employers are retail businesses under the North American Industry Classification System (NAICS) that employ 300 employees globally. David Kopsch, principal consultant at Mercer, agreed that giving more notice will benefit employers right now. Topics covered: Employee learning, training, onboarding, mentoring, career development and more. If approved the Retail Fair Workweek Ordinance will take effect on April 1, 2023. Topics covered: HR management, compensation & benefits, development, HR tech, recruiting and much more. Restaurant and lodging employers typically want their employees to be flexible so they can respond to staffing shortages or unexpected changes in customer traffic. Ultimately, predictive scheduling laws represents a win-win for your restaurant. The purpose of these laws is to give employees more predictability and stability, providing them a chance to plan ahead. Under Seattles law, employers are required to provide new hires with a written good faith estimate of their expected hours. Often there is a 24- or 48-hour notice requirement. It can also give your employees a little bit more control over their lives. At time of hire and during employment, an employee may identify any limitations or changes in work schedule availability, including child care needs,and may also request not to be scheduled for work shifts during certain times or at certain work locations. A Patchwork of Predictive Scheduling Laws. EXCEPTIONS: workers whose primary duties do not relate to retail, hospitality or food service operations, salaried employees who are exempt from minimum wage, and workers supplied by worker leasing companies or businesses that provide services to or on behalf of an employer are not covered or counted toward the 500 employee threshold. Historically, these employees were subject to (you guessed it). Expert advice on making the best decisions for your company. Predictive scheduling is giving out employee schedules ahead of time. A .gov website belongs to an official government organization in the UnitedStates. California doesn't have any statewide predictive scheduling laws. We have the tools to make predictive scheduling work, its just about embracing them, and adapting them to your business needs. Employers can begin improving on the communication they have with employees. The lack of a statewide law in California leaves cities here to their own thing. Covered employers who change an employee's schedule without giving at least seven days . The potential is there to tweak the laws to better accommodate workers and employers. Organizations can provide schedules to employees up to four weeks in advance, Kopsch said. Employers must provide employees with a written, good faith estimate of their schedule at the time of hire. Of course, you cant accommodate every request, but you can do your best to give your employees added flexibility and more control over their work schedules. An official website of the State of Oregon . Come see what were building in the world of predictive employee scheduling, superior labor insights and next-gen employee apps. All Rights Reserved. The key is in how you implement predictive scheduling, but with the right technology, it can work for everyone. The law does not apply to salaried, exempt employees performing administrative, executive, or professional work. Theres no reason why schedules cant be published at least a week in advance if youre taking the time to look ahead and plan in advance. While this might challenge some businesses, it also comes with a lot of benefits. Covered retail employers cannot change the plan without 72 hours notice. If you can implement effective predictive scheduling, then you may find it makes a big difference to how your business runs. These laws. which people and when those workers should arrive and depart right down to 15-minute increments. Pay employees for time worked, and monitor labor costs in real time. But the FMLA doesnt provide paid leave, and employers say it can be difficult to administer. This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel. An employer is considered a retail establishment if it maintains at least two of the following features: a standardized array of merchandise, a standardized facade, a standardized decor and color scheme, uniform apparel, standardized signage, a trademark, or a servicemark. Yet, Oregon has such a law. , Webinar This is where predictive scheduling comes in, and a lot of cities are considering new rules to govern the way scheduling works (some have already brought them in). 2023 Fisher & Phillips LLP. Oregon's law will require employers to give their teams at least seven days' written notice of scheduled shifts and make sure employees receive at least 10 hours to rest . The employer must provide a written work schedule that runs through the last date of the posted schedule to: The written work schedule must include all work shifts and on-call shifts for the work period. Predictive scheduling laws and proposals generally include certain common provisions: (i) advance posting of schedules, (ii) employer penalties for unexpected schedule changes, (iii) record-keeping requirements, and (iv) prohibitions on requiring employees to find replacements for scheduled shifts if they are unable to work. How much notice do employers have to give for shifts? A fair amount of notice must be given to employees before changing their schedule. Employees may state preferences for the location and hours of work, including requests not to work at a particular time or place. New York Citys law will take effect November 2017. An employee may decline any work shifts not included in the employees written work schedule and may request, in writing, to be added to one or more work shifts or on-call work shifts. "To create even a single shift schedule, there are already ten plus factors that are considered for each employee," Jones said. 201), signed by the governor . Following is some of the basic information about each of these laws. Predictive scheduling pay Some state and local scheduling laws require employers to pay a predictive scheduling penalty when the employer changes an employee's schedule without a loss in hours but without the amount of advance notice required by the state or local scheduling law. May be based on prior year schedule if it is a good-faith estimate of seasonal or episodic work. Schedules the employee for an additional work or on-call shift. While predictive scheduling laws differ from place to place, they follow a similar set of rules: Employers must post the schedule in advance, usually between 7 and 14 days before the first scheduled shift Employers must offer a written estimate of each employee's anticipated work schedule at the time of hire In Oregon, that increases to 14 days. An employee must be paid for the time worked plus one hour at their usual rate of pay under Oregon's predictive scheduling statute if the employer: Increases an employee's current shift by at least half an hour. If you dont have clear PTO policies or a system that makes time-off requests simple, then its going to lead to problems with your scheduling. The equity afforded under the legislation promises to provide these basic rights to employees, often at the lowest scale of the wage ladder, for whom unexpected scheduling can have a devastating impact. The poster must be posted in a conspicuous place at the workplace or provided on an individual basis if displaying the poster is not feasible. Meanwhile, employees would also have the right to request changes to their work schedule. Predictive scheduling is legislation designed to assist and protect workers in the food service and retail environments although applications in other industries could be forthcoming.. Employees are also allowed a rest period of 9 hours between two shifts. Predictive scheduling laws have changed the way many businesses make their schedules. If they know their work hours in advance, they will more likely be able to plan for a second job, child care or other responsibilities that must be planned in advance. The employer cannot seek outside help unless employees have had those 24 or 48 hours to respond and volunteer to take extra shifts. Compensation for schedule changes after posting: Added hours must include one additional hour of pay beyond hours worked. Seattles Secure Scheduling Ordinance applies to retail and food service establishments with at least 500 employees worldwide, including any employer within a franchise network that employsover 500 people. Are the gaps in your HCM suite covered? Among other obligations, San Franciscos law requires employers to post schedules at least two weeks in advance and pay employees between one and four hours of additional "predictability pay" for last-minute changes. GovDocs, Inc. Still, these laws mean that businesses must stay compliant with new regulations, and for employers with multiple locations across the country, they may have different rules to comply with. Predictive scheduling requires certainty when it comes to peoples days off, so make sure youve got robust systems in place that allow you to plan around PTO. Among other things, these requirements will require employers to provide schedules two weeks in advance, and penalize employers who are unable to adhere to provided schedules. More productive employees and lower staff turnover are certainly benefits employers can get behind. Predictive scheduling laws: What they cover and how to comply, Scheduling headaches: How to better manage your hourly workers schedules, Shift swap software empowers managers and employees to take charge of scheduling. The law also requires, employers to post work schedules at least 14 days in advance. The predictive scheduling movement presents both practical and legal challenges to retail and hospitality employers. Scheduling is challenging, which is why businesses rely on just-in-time and on-call schedules in the first place, but its not impossible. These laws can mandate: Advance notice of shifts, Estimates of hours, Compensation for cancelled shifts, Minimum time between shifts, The right to refuse shifts without retaliation. Early predictive scheduling laws only applied to retail establishments and restaurants, with limited penalties and no private right of action (i.e. A written estimate of the number of hours the employee will likely be scheduled to work. In addition to applying to retail establishments, the provisions apply to property services contractors (e.g., janitorial and security services) for work performed in San Francisco at a retail. All rights reserved. Predictive scheduling laws protect workers from last minute scheduling changes that could negatively impact their income. Thank you to Cheryl Spound for her assistance with this post! 1305 Corporate Center Drive David Kopsch, principal consultant at Mercer, agreed that giving more notice will benefit employers right now. Meanwhile, San Jose and Berkeley do not require advance notice, though they have implemented certain rules around scheduling. Philadelphia: 10 days notice; went into effect April 1, 2020. The San Francisco law requires covered retail chains to give employees their work schedules two weeks in advance. People should [try to] understand each others needs and be mindful of them.. Unless very narrow exceptions apply, Seattles law also requires that employees who are sent home before the end of their scheduled shift receive certain compensation. Without guarantees of shifts, workers cant plan their personal lives, and they cant plan their finances. Youll be able to look back on those schedules and compare them to your predicted demand for this year. The city council in late November 2022 unanimously approved the Los Angeles Fair Work Week Ordinance. Employees cant plan ahead, and they cant guarantee how much they will earn each day, let alone each month. The designated employees will usually call at a certain time to see if they should report to work. The FLSA simply requires that. If the employer changes the schedule within the 14 calendar days, the employee has a right to decline any hours that were not included in the initial work schedule. Changes to the written work schedule resulting from these written requests are not subject to the advance notice requirements of this law. Also, the employee is allowed to decline to work any hours that are not included in the employee's work schedule. If it was, businesses wouldnt have to rely on just-in-time and on-call scheduling. San Jose, Berkeley and Emeryville are the other California cities that have established laws around scheduling workers. The term retail firm is defined narrowly and includes department stores and specialty retailers. An existing employee on the first day of work after a leave of absence. Essentially, predictive scheduling is about making sure your employees get schedules with plenty of notice. Other laws preclude employers from . Smarter scheduling is key to keeping labor . Moreover, as Predictive Scheduling laws spread to new industries, there will be added pressure on employers to voluntarily adopt Fair Scheduling practices to attract the best talent. Attorney Advertising. The Bureau of Labor and Industries is here to enforce these laws and protect you. Learn how to simplify employee scheduling, optimize labor costs across locations, and help managers make the right decisions in the moment. How to Address Predictive Scheduling Laws in the Workplace Given the recent popularity of predictive scheduling laws at the state and local level, employers should stay informed of the. Learn When a vacant shift arises, predictive scheduling laws usually require that employees be offered the shift first. Right to rest between shifts. It is fairly broad, however. Learn more about our leadership team, careers, partners, and more. The first thing to do is to determine whether your company is subject to the work schedule law. Approve PTO, make schedule changes, and engage employees on the go. And its not allowed under certain predictive scheduling laws unless an employee agrees to it. Yes. Predictive scheduling is all about providing employees with schedules ahead of time. California doesn't have any statewide predictive scheduling laws. Employers may maintain a voluntary standby list of employees willing to work additional hours due to unanticipated customer needs or unexpected absences if listed employees have requested or agreed in writing and the employer notifies each employee, in writing: That the list is voluntary and lays out how to be removed from the list; How the employer will notify standby list employees of additional hours and how to accept the additional hours; That the employee is not required to accept the additional hours offered; and. The GovDocs Poster Store simplifies posting compliance for employers with less than 30 locations across all industries, offering a variety of posting products to meet your labor law compliance needs. Will likely be scheduled to work at a particular time or place management compensation! 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