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 Employees may not be retaliated against for inquiring about or attempting to enforce their scheduling rights. If you can implement effective predictive scheduling, then you may find it makes a big difference to how your business runs. Topics covered: National employment laws, harassment, accommodations, training, and more. A lock icon ( ) or https:// means youve safely connected to the .gov website. Employers are required to provide employees on a standby list notice of additional hours by: At any time after the advance notice of written work schedule is made, an employee may request in writing that the employer add the employee to more shifts. The first 10 hours following the end of a work or on-call shift that spanned two calendar days. Many cities across the United States are looking into scheduling practices and asking questions about the merits of on-call and just-in-time shifts. Scheduling is challenging, which is why businesses rely on just-in-time and on-call schedules in the first place, but its not impossible. Unless the employee requests or consents to work such hours, the employer may not schedule or require an employee to work during: The employer must compensate the employee for each hour or portion of an hour that the employee works during the first 10-hour periods listed above at the rate of one and one-half times the employees regular rate of pay. A food establishment may be considered a retail establishment in San Francisco. And employers may want to review their current scheduling practices to determine how they would need to be updated to align with a predictive scheduling law in Los Angeles. New York Citys law will take effect November 2017. Other cities and municipalities include New York, Seattle, SeaTac and Philadelphia. In Nevada, employers must provide employees a meal period of 30 minutes for employees who work eight consecutive hours. Restaurant and lodging employers typically want their employees to be flexible so they can respond to staffing shortages or unexpected changes in customer traffic. Planning in advance is an implicit part of predictive scheduling. 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,. The other side of on-call and just-in-time schedules is that you can be called into work only to be sent home after a few hours. Predictive scheduling laws require employers to post schedules ahead of time, and restrict the ability to make last minute changes. The law's aim is for fair treatment and financial equity for employees, but its still in its infancy. Covered retail employers cannot change the plan without 72 hours notice. (Los Angeles officials estimate more than 140,000 of city residents work . For the hospitality industry, last-minute, on-call scheduling has long . Emeryvilles Fair Workweek Ordinance applies to retail firms with 56 or more employees globally, and fast food businesses with 56 or more employees globally and 20 or more employees within Emeryville. Stay informed about industry trends, thought leadership, upcoming legislative changes, and the latest news and innovations from WorkForce Software. May be based on prior year schedule if it is a good-faith estimate of seasonal or episodic work. with GovDocs Employment Law News. The purpose of these laws is to give employees more predictability and stability, providing them a chance to plan ahead. While there are many details in these rules like record keeping requirements and providing compensation for schedule changes what people most talk about is employers responsibility to provide. A written estimate of each employee's anticipated work schedule (at the time of hire). The goal of Deputy's solutions, he said, is to help managers determine exactly how many people they'll need,which people and when those workers should arrive and depart right down to 15-minute increments. You might be tempted to rollout on-call scheduling polices to help respond to varying levels of customer traffic and resolve last-minute staffing shortages when workers call out sick or dont show up for a shift. The proposed regulations on predictive scheduling will require employers, among . Although the stated purpose of these laws is similar, they vary significantly in terms of which employers are covered, how far in advance employees must receive their schedules, and the penalties for making last-minute schedule changes. Keep up with the story. Several jurisdictions have enacted Predictive Scheduling laws, including the state of Oregon, the city of Emeryville, New York City, San Francisco, and Seattle. These scheduling laws, alternately referred to as predictive, secure, fair or predictable, impose an increased number of requirements on employers in addition to extending retaliation protections to employees. 2023 Workforce.com. 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. Washington D.C., Chicago, New York, and Philadelphia also have similar laws. Often on call workers are those that are sent home first if guest traffic is slower than expected. 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. This is particularly true if youre doing your scheduling manually, with Excel sheets and decentralized communication. Other places have passed or issued regulations addressing more limited scheduling concerns, such as access to additional work hours (San Jose) and call-in pay (New York state). Similar to the Chicago exception, Oregon's 2017 predictive scheduling law included an exception in the case of "extenuating circumstances such as natural disasters or declarations of public officials" an exception that Oregon Labor Commissioner Val Hoyle said applied to the pandemic. If these required scheduling practices are violated, stiff penalties may be imposed. Nevada labor laws require employers to provide employees a meal period of at least thirty (30) minutes when working for a continuous period of eight (8) hours. It is broad in terms of its requirements. Your employer must pay you one hour at the regular rate of pay plus wages earned when they: Addmore than 30 minutes of work to your shift, Change the date or start time or end time of your work shift with no loss of hours, Schedule you for an additional work or on-call shift. Whether you manage a postings, minimum wage or paid leave program, our products cut through research time, provide proactive insights into the everchanging landscape of employment laws and reduce the risk of noncompliance. 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. Topics covered: Employee learning, training, onboarding, mentoring, career development and more. In order to attract and retain talent, it will be incumbent on employers to offer the type of predictability that these types of employees will demand., Ultimately, the law could benefit employers in an unanticipated way as they become more attuned to their labor needs. In the U.S., the Fight For 15 movement began in 2012 as a grassroots push for an increased minimum wage, and a greater consideration for pay equity in the workplace. Studies have shown that a lack of notice about scheduling When you dont know what your schedule is going to be from one day to the next, theres no way you can plan your lifeyoure simply reacting. 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. It allows an employee to work hours that differ from the normal start and stop time. How can you stay ahead of regulation by implementing predictive scheduling? Predictive scheduling laws have changed the way many businesses make their schedules. Covered employers are retail businesses under the North American Industry Classification System (NAICS) that employ 300 employees globally. This includes not being able to find childcare in time or having to change personal plans last minute. Predictive scheduling legislation sets forth regulations that require employers to provide workers with their schedule in advance, allowing them to better plan their budget and schedule, while discouraging employers from making last-minute changes that negatively impact employees. Covered employers who change an employee's schedule without giving at least seven days . The FLSA simply requires that. In addition to unpredictable customer patterns, the ongoing COVID-19 pandemic, labor shortages, and record turnover rates add to the difficulty of keeping operations running smoothly. As we mentioned earlier, most predictive scheduling laws currently only apply to the foodservice, hospitality, and retail industries, but new legislation expands the application to other business types. Compensation for work schedule changes. If youre an employer thats affected by this type of legislationor you have employees in places where these laws are being consideredyou should closely compare your existing scheduling practices to the current or proposed law to make sure you comply. The law does not apply to salaried, exempt employees performing administrative, executive, or professional work. Seattle: 14 days notice; went into effect July 1, 2017. c: No advance notice required, but employers must offer additional hours to existing, qualified part-time employees before hiring more employees covers only large hospitality employers and transportation employers. In-house payroll and HRIS integrations to keep employee data in sync. A written estimate of the number of hours the employee will likely be scheduled to work. Scheduling apps can help facilitate these programs. Some states have predictive scheduling laws that require the employer to give the employee advance notice of any schedule changes. They generally only apply to large businesses and aim to provide workers with more predictability when it comes to their work hours and related income. Train frontline managers on how to handle staffing shortages and comply with the applicable predictive scheduling laws. The Fair Labor Standards Act (FLSA) does not specify that employees receive any advance notice of their schedules. Currently, there are 6 cities and 1 state that implement predictive scheduling in their jurisdictions. What Does the NLRA Have to do with California Law? The burden of not knowningwhat your wages will be and whether or not your days off are truly off or for on-call work, can be significant. Your browser is out-of-date! 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. Are the gaps in your HCM suite covered? Oregon: 14 days notice; went into effect August 8, 2017. 14 days notice; went into effect March 1, 2016. All rights reserved. Predictive Schedulingposter,giving notice of the rights and responsibilities of this law. These shifts clearly bring some benefits to businesses in terms of flexibility, but too often, they come with negative consequences for employees. The potential is there to tweak the laws to better accommodate workers and employers. An employer may accept or decline the request, provided that the employer notifies the worker, in writing, of the reason for any denial. : Employer can sue New York over abortion anti-discrimination law. Finally, because Fair Scheduling laws vary across jurisdictions, make sure you consult legal counsel if you have any questions. Fast on the heels of the $15/hour movement, the cities of San Francisco . Workers whose primary work 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 by this law. Employers must create employee work schedules without knowing what sort of customer demand to expect, and some employees may be fearful to return to work in a customer-facing job. Topics covered: Talent acquisition, diversity and inclusivity in hiring, employer branding, performance evaluations and more. From there, they can call and confirm with employees three weeks in advance, make whatever changes are necessary and officially post the schedule two weeks ahead of time, which would allow employers to comply with any of the predictable schedule laws. required workplace postings page. around 7 days For example, some of these laws allow you to create a list of employees to call about available shifts and allow them to decide whether to accept a shift without collecting predictability pay. Cities like San Francisco, San Jose, New York, and the state of Oregon have all implemented their own versions of predictive scheduling laws. California doesn't have any statewide predictive scheduling laws. 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. As complex as the legislation is, there are already companies helping employers manage the labyrinth of scheduling. 17% of employers offer fewer jobs, part or full-time. WHAT IS PREDICTIVE SCHEDULING AND WHERE IN CALIFORNIA DOES IT APPLY? The return-to-work environment is stressful. This also helps to ensure that employees are getting paid efficiently and there arent administrative errors. GovDocs, Inc. Here are some tips to help covered employers navigate these predictive scheduling laws: Employers should be sure to keep their employees informed by providing employees with predictive scheduling policies. It counteracts on-call and "just-in-time" scheduling practices that can hurt employees. Copyright 2023 GovDocs, Inc. GovDocs is a registered trademark of GovDocs, Inc. FMLA and FLSA for Remote Employees: DOL Guidance, Los Angeles Fair Work Week Ordinance Passes, GovDocs Launches Enhanced Intranet Poster Program: Electronic Labor Law Posters, Provide workers with at least 14 days of advance notice of their work schedule, Pay workers for certain types of schedule changes, Give employees at least 10 hours of rest between shifts (unless the employee agrees in writing to work without the rest period), Provide potential hires with a good faith estimate of the work schedule, Provide existing employees with a good faith estimate of the work schedule within 10 days of a request, Employees have the right to request preference for where and when they work, Additional hours must be offered to existing employees before hiring new workers, Employers cant require employees to find someone to cover their shift if they cant make it for lawfully protected reasons. employees could not sue . This premium pay provision does not apply to any hour or portion of an hour worked during which the employee is providing offsite repair assistance to a motorist with a disabled vehicle (roadside assistance). "To create even a single shift schedule, there are already ten plus factors that are considered for each employee," Jones said. A Patchwork of Predictive Scheduling Laws. Prior attempts to introduce them have failed. Use AI to guide staffing levels based on sales, foot traffic, and more. One hour at the regular rate of pay, in addition to wages earned when the employer: Adds more than 30 minutes of work to the employees shift; Changes the date or start time or end time of the employees work shift with no loss of hours; or. Businesses subject to the law include employers of 36 or more employees. of the impact of San Franciscos Formula Retail Employee Rights Ordinance highlighted a downside of the legislation and the operational changes being made by employers in response, including: 21% of employers offer fewer part-time jobs; 19% of employers schedule fewer employees per shift; and. An employer can schedule an employee to work as many or as few hours as the employer feels necessary. At a high level, predictive scheduling requires employers to post work schedules in advance, generally 14 days. Harri's data-driven scheduling platform fully integrates with all HCM processes for complete transparency into labor demand, spend, and Fair Workweek-compliant scheduling options. December 1, 2022. . Employees cant plan ahead, and they cant guarantee how much they will earn each day, let alone each month. By adapting the way you manage shift schedules, you can improve your employees' well being. 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