Given the recent popularity of predictive scheduling laws at the state and local level, employers should stay informed of the most up-to-date compliance strategies. If you haven’t heard the term predictive scheduling , you soon will. Predictive Scheduling Laws Are Different for Each State. Fair Work Week or Predictive Scheduling laws vary by jurisdiction but generally require an employer to provide posted schedules 7-14 days in advance of a worked shift and requires compensating the employee if the schedule is changed within a short timeframe before the shift becomes active. NATIONAL REPORT—Predictive scheduling laws are continuing to hit properties within the nation. While this movement may not be everywhere just yet, it’s growing and impacting higher levels of government. While not a law in California, other states and local cities have passed scheduling mandates that require employers to set schedules for employees well in advance, and if the employer changes the schedules within a certain time frame, the employer must pay a penalty for the change. They charge penalty fees to help compensate employees who have been inconvenienced (or over-worked), while simultaneously providing a financial disincentive for restaurants to make last-minute changes. Following a series of public hearings in late 2017, the Department of Labor issued proposed regulations to address what is commonly identified as "just-in-time," "call-in" or "on-call" scheduling. February 21, 2020 by Mark Wilson. Predictive scheduling laws were created to help employees know when and how many hours they’ll be working ahead of time. A survey of state and local predictive scheduling laws (also referred to as secure scheduling or fair workweek laws). Important Notice *Special Notice Regarding Secure Scheduling and COVID-19 Employers covered by the Secure Scheduling Ordinance do not need to provide premium pay for schedule changes if business operations cannot begin or continue due to recommendation of a public official, including public health officials. Predictive scheduling laws are specifically targeted to businesses in industries where on-call scheduling, hourly employees and minimum wage employees are most common. Predictive Scheduling and Fair Workweek Laws. Predictive Scheduling Laws, the New Normal? Predictive scheduling refers to a patchwork of different state and municipal laws mandating hiring, scheduling, and document retention practices for certain employers. The law … home / Tool-Kit Categories / Deluxe Suite / HR Laws by State / Predictive Scheduling and Fair Workweek Laws / Popular Searches: COVID-19, FFCRA, FMLA. The laws assume employer guilt unless the employer can show full compliance through their records. Predictive scheduling laws protect workers from last minute scheduling changes that could negatively impact their income. Predictive scheduling laws reduce uncertainty and are beneficial to restaurant employers as well as workers — happy employees mean happy customers. Several major cities (and one West Coast state) recently adopted predictive scheduling laws, which require employers to post work schedules more than 1 week in advance. Oregon was the first state in the U.S. to pass a predictable work week labor law. If you have any concerns about predictive scheduling laws, it’s best to consult an employment lawyer. This position may qualify to be exempt from minimum wage. Most predictive scheduling laws around the country have been passed on a local level, which means the specific laws that apply to you depend on which state you live in. Owning a restaurant requires you to do a lot more than just make delicious food for your customers. Fluctuations in demand, staff turnover and other challenges make advance scheduling even more difficult. Predictive scheduling laws generally require employers to comply with certain requirements to ensure greater work schedule certainty for employees, particularly in the fast food and retail industries. In 2021, 25 states across the nation will change their labor laws to include a state minimum wage to remain competitive in a tight job market. Several cities and one state—Oregon—currently have predictive scheduling laws on the books, and the trend is growing, with proposed legislation in many jurisdictions across the country. Yes, the state of Oregon is the first state to pass a predictable scheduling law. These laws are so costly to employers, both in terms of penalties and in terms of the time and administrative cost to employers. Remember that the above are generalizations about predictive scheduling restaurant laws. Editor's note: For a regularly updated list of predictive scheduling laws, see the predictive scheduling law tracker. For example, the Fair Work Week Act in Oregon requires employees to give their employees at least 7 days notice in writing of their scheduled shifts. Unpredictable scheduling practices in the retail and restaurant industries have led some cities, including San Francisco and Seattle, to pass or consider laws that provide more stability for workers. Remember this is not official legal advice. In fact, the fair work week was a part of ex-presidential candidate Elizabeth Warren’s platform. Also, San Francisco City Council passed a predictive scheduling law in January 2015 that requires all retail employers to pay employees for canceled on-call shifts and provide notice to employees of their biweekly schedules. And on May 8, 2017, Governor Nathan Deal signed a law that adds an amendment further prohibiting Georgia localities from passing “predictive scheduling… To find out if your city or state has predictive scheduling laws, and what those laws entail, check your local labor laws on schedule changes. State of Oregon . As a result, this article will cover 10 critical aspects that employers should understand restrictive scheduling laws. How predictive scheduling will affect your restaurant . View the law CALIFORNIA San Francisco Effective Date: July 3, 2015 Employers Affected: "Formula Retail Use" employers in San Francisco with at least 40 retail… See what other cities and states have passed laws related to predictive scheduling for employees in our 2018 update. A survey of state and local predictive scheduling laws (also referred to as secure scheduling or fair workweek laws). Predictive scheduling laws require employers to give employees adequate notice of when they will work so that they can plan for and around their work shifts. Here is a breakdown of what exactly predictive scheduling is, why it’s important and what kind of scheduling practices you can implement to not only help your employees, but increase your efficiency. Restaurants and c-stores would be wise to give these new laws the same consideration that they’ve long given to federal and state child labor laws. Predictive scheduling laws generally require employers to comply with certain requirements to ensure greater work schedule certainty for employees, particularly in the fast food and retail industries. Watch our Job Description Writer Tutorial. And that’s not all: stable scheduling can … The past few years has seen a wave of predictive scheduling laws, making it a hot topic in industries like retail and hospitality, said Ari Hersher, partner at Seyfarth law firm. Businesses affected: Certain employers in retail, hospitality, or food services industries that have at least 500 employees worldwide. Some cities, such as San Jose, San Francisco, Seattle, New York City, and Washington, D.C. have also enacted laws related to predictive scheduling, which have added stability and predictability to worker’s income and schedules. While the laws vary in approach, they’re generally aimed at helping minimum wage employees in the restaurant and retail industries by providing them scheduling certainty and encouraging full-time employment. Predictive scheduling laws are gaining traction on a national level, too. NYC Predictive Scheduling Law Upheld by State Court. Oregon, meanwhile, is the only state with one of these laws in effect, while New Hampshire and Vermont have more limited scheduling-related laws. The problem is that restaurant managers must consider dozens of variables when they develop a shift schedule. ARKANSAS State-wide Ban on Predictive Scheduling Laws Effective Date: March 24, 2017 Employers Affected: None Local governments may not create or adopt employer requirements outside state or federal requirements. Taking the guesswork out of scheduling for wage workers is an attractive proposition for regulators. Are you required to post work schedules? While most changes will become effective January 1, others take place later in the year. The New York State Department of Labor (“NYSDOL”) recently released draft regulations that would amend the rules for scheduling employees covered by the Minimum Wage Order for Miscellaneous Industries and Occupations. Employee Scheduling Regulations. Predictive scheduling laws are state and city ordinances (nothing federal just yet) that require employers to provide shift workers with advance notice of their schedules. Predictive scheduling laws are designed to help combat this. Where It’s Happening . Active predictive scheduling laws are in the form of city ordinances, with the exception of Oregon where it’s state-wide legislation (Image Source).Of course, there’s nothing stopping restaurants who are not covered with a predictive scheduling law from implementing this shift management practice, especially because of the benefits to both employers and employees. Absolutely. This same law also prohibits local governments from requiring employers to provide employment benefits not otherwise required by state or federal law. 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. Secure Scheduling COVID-19 Q & A. Retail employers beware: New York City’s predictive scheduling law went into effect on November 26, 2017, and now New York State is now getting in the mix. A state court has held New York City's Fair Workweek Law, which governs how fast-food and retail employers set their employees’ hours, is not preempted by the state’s wage and hour laws. There are ways for properties to get ahead of the game before it’s too late. Predictive Scheduling and Fair Workweek Laws . In short, they require employers to post employee work schedules a set number of days in advance of when the work is to be performed. THE FLSA AND YOUR JOB DESCRIPTION . Predictive scheduling laws are generally straightforward. “State and local governments are increasingly considering and adopting scheduling lawsRead More Predictive scheduling laws require employers to give employees adequate notice of when they will work so that they can plan for and around their work shifts. Once posted, however, employers are penalized for making any scheduling changes. 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