On the heels of new legislation relating to the workforce, including changes to paid time off policies and sick leave policies (in states like Arizona, Georgia, Illinois, and Minnesota), local governments across the country are beginning to pass ordinances regarding predictive scheduling. Employers in certain areas and industries will be required to provide their employees with advance notice of their schedules and be subject to fines if they change employee schedules within the allotted timeframes.
For Oregonians familiar with the shift-based, hourly work that's a hallmark of the foodservice, retail, and hospitality industries, predictable schedules were once the dream. Finding a balance between work, family, and personal interests can be a real struggle for people who work these demanding jobs — especially if they work a second job to fill in the gaps.
Oregon's Fair Work Week Act scheduling law will require the schedules of nonexempt, hourly employees in foodservice, hospitality, and retail to be more predictable. 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 between shifts.
Answering a few simple questions will help business owners in Oregon determine how the Fair Work Week will affect them.
Oregon employers in retail, hospitality, and foodservice with at least 500 employees worldwide will need to provide employees advance notice of their schedules.
On July 1, 2018, most provisions of the law will take effect. In July 2020, employers will be required by law to provide 14 days' written notice of employee schedules.
Employers implicated in Oregon's new law will need to provide employees with a clear idea of what their schedules will be, or the average hours the employee should expect to work, and whether employees can opt to work more hours. Employers will also need to keep a poster outlining the law visible at the workplace at all times.
Employers will need to keep detailed records of compliance for at least three years. Employee scheduling and time tracking will be more important than ever for businesses affected by the Fair Work Week.
Creating schedules can take hours, and keeping piles of paper schedules on file for years at a time can be a hassle. Schedule your employees by shift or by job using TSheets Scheduling online or on a mobile device.
Creating, sharing, and storing employee schedules has never been easier! Are schedules getting more predictable? You can also copy a previous schedule with a single click!
San Francisco was the first city to pass an ordinance mandating the rule. The Formula Retail Employee Rights Ordinance took effect in July 2015 and mandates that retail and chain restaurants provide two weeks' notice of work schedules and provide "predictability pay" if schedules change with less than seven days' notice.
Across the bay from San Francisco, Emeryville became the third city in the nation to implement scheduling laws. The Fair Workweek Ordinance requires retail shops and restaurants with 56 employees or more to give two weeks' notice and increased wages for schedules that change less than seven days in advance.
Chicago's Fair Workweek Ordinance was proposed in the summer of 2017. If passed, the Ordinance would require all businesses in the city to post employees' schedules with at least two weeks' notice and pay them extra for last-minute changes. It would also give employees the "right to rest," requiring employers to offer adequate time between shifts. The Ordinance would go into effect on July 1, 2018.
New York City's Int. No. 1387-2016, Int. No. 1388-2016, Int. No. 1395-2016, and Int. No. 1396-2016 — each a piece of the larger "Fair Workweek" package — will take effect on November 26, 2017. Outlined in Int. No. 1387, retailers must stop "on-call scheduling" practices and provide employee schedules with at least 72 hours' notice, among other requirements.
Int. No. 1388 prohibits fast food employers from scheduling "clopening" shifts (an opening and closing shift on the same day) without providing extra compensation. Fast food employers must also allow employees at least 11 hours of rest between shifts.
Meanwhile, Int. No. 1395 says fast food employers must offer additional hours to existing employees before scheduling employees from other locations or hiring additional help. They must also post, on paper and electronically, all available shifts.
Finally, Int. No. 1396 requires predictive schedules for fast food employees. Each employee must be given 14 days' notice of all shifts and be paid a premium if a schedule is canceled, shortened, moved, or added to within those 14 days.
Seattle's Secure Scheduling Ordinance was the second citywide scheduling law. Implemented in July 2017, retail and foodservice companies in Seattle, with 400 employees worldwide, must now post work schedules two weeks in advance and pay employees when the schedule changes. This Ordinance also mandates employers keep their scheduling records for three years.