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. Retail employers with locations in Los Angeles should keep an eye out for the mayors signature and the potential implementation of the citys predictive scheduling ordinance. Although current Fair Scheduling laws mainly cover food service, retail, and hospitality employees, its likely they will expand to other industries. Though San Joses Opportunity to Work Ordinance is not, strictly speaking, a predictive scheduling law, the ordinance does require employers to offer additional work to existing qualified part-time employees before hiring new employees or subcontractors (including temporary workers). Yes. Such practices have come under fire in recent years, however, by worker advocates. WorkForce Software has a long history of innovation, collaboration with partners and customers, and attracting top industry talent. 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. Matthew A. Steinberg, Partner at New Yorks, , discussed predictive scheduling in a recent, . 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. It looks likely. When employee morale is low, it tends to result in performance drops, more health issues, and more errors. around 7 days Topics covered: HR management, compensation & benefits, development, HR tech, recruiting and much more. 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. Los Angeles and California are likely next. Most significantly, the New York City predictive scheduling law establishes a private right of action for employees . Other cities and municipalities include New York, Seattle, SeaTac and Philadelphia. Predictive scheduling laws have added a new wrinkle to wage and hour compliance, but as with many areas of employment law, the requirements vary between states and localities. I think its safe to say where there has been an appetite to drive the minimum wage to $15, so predictive scheduling laws will follow, Jones told HR Dive. which people and when those workers should arrive and depart right down to 15-minute increments. While the laws generally focus on employee well-being, its also important to remember that last-minute scheduling hurts businesses. 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. Many businesses hold off on scheduling until the last minute to help them understand demand, but others do it simply because its become a habit. Its when an employee works the closing shift one day and the opening shift the next. Come see what were building in the world of predictive employee scheduling, superior labor insights and next-gen employee apps. 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. Topics covered: Talent acquisition, diversity and inclusivity in hiring, employer branding, performance evaluations and more. Employees of retail, hospitality or food services establishments (including chains and integrated enterprises) that employ 500 or more employees worldwide who are primarily engaged in providing retail, hospitality or food services are covered. Predictive scheduling laws have changed the way many businesses make their schedules. Finally, because Fair Scheduling laws vary across jurisdictions, make sure you consult legal counsel if you have any questions. 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. This poster summarizes the key provisions that apply in San Francisco for additional hours, schedules, predictability pay, pay for on-call shifts, part-time workers, and retention. Get the free daily newsletter read by industry experts. The ordinance also applies to a covered companys janitorial and security contractors. Keep up with the story. The law also requires, employers to post work schedules at least 14 days in advance. Editor's note: For a regularly updated list of predictive scheduling laws, see the predictive scheduling law tracker. Train frontline managers on how to handle staffing shortages and comply with the applicable predictive scheduling laws. That means your employer does not have to pay you a penalty for changing your shifts if you request it. On-call hours, if the employee is not required to work, paid at half the hours scheduled. It has been determined that providing schedules to employees right before their shift can hurt them and lead them to many negative consequences. 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. You might also allow employees to voluntary swap schedules or sign up for open shifts, consistent with any requirements of the local laws. 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. Some laws are more restrictive than others, with additional obligations for employers, including: Recordkeeping requirements Notifying employees of potential on-call shifts The right scheduling approach for your operations will depend on many factors, including your location, company culture, and type of business. Governor Brian Kemp signed S.B. The first 10 hours following the end of a previous calendar days work or on-call shift; or. An on-call scheduling system can help businesses meet customer service needs by designating certain employees to be available either regularly or on a rotating basis to report to work on short notice or with no advance notice, if needed. 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. Meanwhile, San Jose and Berkeley do not require advance notice, though they have implemented certain rules around 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. When you understand each employees preferences, its much easier to fill shifts, find out who can take shifts at the last minute, and work out a routine. In a perfect world, every business would do this because it has obvious benefits for employees. I think its safe to say where there has been an appetite to drive the minimum wage to $15, so predictive scheduling laws will follow, Jones told HR Dive. Other laws preclude employers from . What legal limits may apply to an on-call scheduling plan will differ by where your business is located. 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. Subscribe to our blog for the latest employment law news. Berkeley employees are allowed to request a flexible or predictable work schedule. Under New York Citys Fair Workweek Law, covered employers are required to post schedules 72 hours in advance and changes thereafter are prohibited unless the employer cannot operate due to certain emergency conditions, such as natural disasters, failures of public utilities, or shutdowns of public transportation. 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. That would be the simplest way to . If passed, it would go into effect April 1, 2023, and apply to retail employers with at least 300 employees globally. Its also critical to train supervisors and other relevant personnel to understand how these laws function. Time tracking software such as PayClock from Lathem comes with features like benefit time accruals and time-off requests that can make predictive scheduling a lot easier. Since the first step to solving a problem is to understand it, retail and hospitality employers first should educate themselves about the current state of the predictive scheduling movement in the locations where they do business. The designated employees will usually call at a certain time to see if they should report to work. Jones outlined a common situation encountered by Deputy's clients: having four people in to open business at the same time. More productive employees and lower staff turnover are certainly benefits employers can get behind. Predictive scheduling is when employers provide predictable work schedules in advance for employees. 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. In actuality, its something many employers were doing long before the buzzword was coined. Following is some of the basic information about each of these laws. Photo illustration: Shaun Lucas/Industry Dive;Greg Gibson/AP. Matthew A. Steinberg, Partner at New Yorks Akerman LLP, discussed predictive scheduling in a recent podcast. If you have employees on either coast, predictive scheduling laws are likely coming to a major city or state near you. . Post schedules at least 72 hours in advance of any shift; Not cancel, change or add work shifts within 72 hours of the start of the shift; and. The return-to-work environment is stressful. Yes. 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. Early predictive scheduling laws only applied to retail establishments and restaurants, with limited penalties and no private right of action (i.e. Several jurisdictions have considered passing predictive scheduling laws to give employees a better quality of life with more predictable schedules. Prior attempts to introduce them have failed. That doesnt mean that its not possible to create schedules ahead of time so your employees get a good amount of notice. If approved the Retail Fair Workweek Ordinance will take effect on April 1, 2023. Youll be able to look back on those schedules and compare them to your predicted demand for this year. 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. Last month, Chicago passed the "Fair Workweek" ordinance and . If the schedule is created or changed before 14 days, the employer must pay the employee one hour of predictability pay. With predictive scheduling, you can break away from last-minute scheduling and help restore employee morale. Note that employees 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. At issue is the ability for employees to have a work schedule that gives them the ability to plan their lives beyond work. Managers can communicate scheduling in advance and explain the flexibility needs of the business at the same time, creating an open line of communication between employer and employee. 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). 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. Philadelphia, PA Employers with at least 250 employees and 30 locations must post schedules 14 days in advance since April 1, 2020. This includes any agent of the employer, including a temporary service or staffing agency. Step 1: Determine if your company is a covered employer. Only share sensitive information on official, secure websites. CONTACT US Call: 971-673-0761 Email: help@boli.state.or.us Web: oregon.gov/boli Se habla espaol. David Kopsch, principal consultant at Mercer, agreed that giving more notice will benefit employers right now. If you can access old employee schedules, then you have a good idea of how you managed demand at other times in the past. Eagan, MN 55121 Check out how other businesses found success using Workforce.com. 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. Who has laws requiring predictive scheduling? This can work on a much more regular basis as well, allowing you to replicate schedules for recent weeks to make scheduling much more efficient. Oregon Bureau of Labor & Industries protects employment rights, advances employment opportunities, and ensures access to housing and public accommodations free from discrimination. While New York City's predictive scheduling laws target retail and fast food employers only, the NYDOL recently issued proposed predictive scheduling regulations that are far more expansive (Link). 1-888-273-3274. The more you rely on last-minute-scheduling, the more you need it. 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. A written estimate of each employee's anticipated work schedule (at the time of hire). California doesn't have any statewide predictive scheduling laws. While an employer may not retaliate against an employee for making such a request, the employer is under no obligation to grant the employees request. If you havent heard the term predictive scheduling, you soon will. A notice of employee scheduling rights must be conspicuously posted in the workplace. Suite 400 17% of employers offer fewer jobs, part or full-time. Your employer is required to post the written work schedule in a visible and accessible place, in English and in the language the employer typically uses to communicate with employees. The Fair Labor Standards Act (FLSA) does not specify that employees receive any advance notice of their schedules. Predictive scheduling gives employees the advance notice, stability, and information to plan their lives around their work schedule. Predictive scheduling laws have become more common over the past decade, with Oregon being the first state to pass such a measure in 2017. The potential is there to tweak the laws to better accommodate workers and employers. Thank you to Cheryl Spound for her assistance with this post! Its a circle that can be hard to break. And while Predictive Scheduling laws differ from one jurisdiction to the next, they commonly include the following rules: Learn the art and science of maintaining productive, happy, engaged employees. 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. An employer is required to provide compensation to an employee for each employer-requested change that occurs to a written work schedule without advance notice (14calendar days prior to the beginning of the workweek in which the change occurs)as follows: Employers must display a It is fairly broad, however. 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. In-house payroll and HRIS integrations to keep employee data in sync. Additional hours must be offered to current employees before hiring workers from outside the company. Employer must provide the employee with timely notice of the change; and. PREDICTIVE SCHEDULING OREGON LAWS Protect You At Work 21 22 The key is in how you implement predictive scheduling, but with the right technology, it can work for everyone. The chances are, there are plenty of other cities waiting to see how they play out, but beyond complying with legislation, there are convincing reasons to embrace predictive scheduling anyway. What Employers Should Know About Predictive Scheduling Laws, Formula Retail Employee Rights Ordinances. Under the category of an ounce of prevention, the state of Georgia has preempted local laws that would mandate employers meet certain scheduling parameters. Shifts cannot be scheduled less than 10 hours apart, unless the employee consents: in that case, employers must pay time-and-a-half the employees hourly wage for the hours separated by less than 10 hours. Hence, the first thing quick service restaurants need to check is whether their state or city is covered by an active or soon-to-be-active predictive scheduling law. What do you need to know about these laws, and how do they impact your scheduling practices? by December 14, 2022 0 63. The employer must provide an employee with a work schedule, in writing, at least 14calendar days before the first day on the schedule. Advance notice of work schedule. In addition, you may request not to be scheduled for work shifts during certain times or at certain locations, but an employer may require you to provide reasonable verification of the need for such a request. These are: Oregon (the only state with a state-wide predictive scheduling law) Smarter scheduling is key to keeping labor . Even if not required, a predictive schedule enables workers to plan their lives. While ordinances may vary between states or municipalities, most will include stipulations like: Predicting your workforce needs isnt easy. This also helps to ensure that employees are getting paid efficiently and there arent administrative errors. Majority of countries guarantee paid paternity leave but not the U.S. Should a workforce comprised of a single age group raise a red flag? For the hospitality industry, last-minute, on-call scheduling has long . Also, the employee is allowed to decline to work any hours that are not included in the employee's work schedule. But any changes to work schedules including a location change must be made in writing, and employees would have the right to decline the request. New York: 14 days notice; went into effect Nov. 26, 2017. Berkeleys Fair Workweek Ordinance has a much lower threshold, and applies to businesses in Berkeley that employ 10 or more employees. Another element that makes scheduling challenging is managing aspects like PTO. Employers must provide a rest period between shifts unless the worker agrees to work during the rest period. 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. For employees, the benefits of predictive scheduling are clear. The predictive scheduling movement presents both practical and legal challenges to retail and hospitality employers. 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. How can you stay ahead of regulation by implementing predictive scheduling? All Rights Reserved. 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. 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. required workplace postings page. And with a digital workplace to manage complexity, you can create opportunities for a more efficient and effective scheduling process. Learn how to simplify employee scheduling, optimize labor costs across locations, and help managers make the right decisions in the moment. They like this high level of communication. While predictive scheduling laws from many of the jurisdictions contain several nuanced differences, there are general requirements that are common to many of them. 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. 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). 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. Service, retail, and applies to a covered employer its when an employee works the closing shift one and... The employee is not required to work during the rest period between shifts unless the worker agrees to,... For employees that gives them the ability to plan their lives end of a previous calendar days or... And Berkeley do not require advance notice, though they have implemented certain rules around scheduling with! Has obvious benefits for employees or state near you, however, by worker advocates i.e... 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