Predictive scheduling refers to a patchwork of different state and municipal laws mandating hiring, scheduling, and document retention practices for certain employers. Predictive scheduling laws are designed to help combat this. Are you required to post work schedules? “State and local governments are increasingly considering and adopting scheduling lawsRead More Owning a restaurant requires you to do a lot more than just make delicious food for your customers. 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. This position may qualify to be exempt from minimum wage. A survey of state and local predictive scheduling laws (also referred to as secure scheduling or fair workweek laws). 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. 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. Watch our Job Description Writer Tutorial. 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. Once posted, however, employers are penalized for making any scheduling changes. NATIONAL REPORT—Predictive scheduling laws are continuing to hit properties within the nation. Oregon was the first state in the U.S. to pass a predictable work week labor 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. 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. 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. 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. Predictive scheduling laws are gaining traction on a national level, too. Predictive scheduling laws are generally straightforward. Predictive Scheduling and 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. Predictive scheduling laws reduce uncertainty and are beneficial to restaurant employers as well as workers — happy employees mean happy customers. 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… And on May 8, 2017, Governor Nathan Deal signed a law that adds an amendment further prohibiting Georgia localities from passing “predictive scheduling… Some cities and states have made it illegal for businesses to keep employees “on-call,” while others have encouraged businesses to create “voluntary standby lists.” 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. While most changes will become effective January 1, others take place later in the year. NYC Predictive Scheduling Law Upheld by State Court. 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. Remember that the above are generalizations about predictive scheduling restaurant laws. Predictive scheduling laws are specifically targeted to businesses in industries where on-call scheduling, hourly employees and minimum wage employees are most common. These laws are so costly to employers, both in terms of penalties and in terms of the time and administrative cost to employers. And that’s not all: stable scheduling can … There are ways for properties to get ahead of the game before it’s too late. Predictive Scheduling and Fair Workweek Laws. For a full list of states that will see an increase – and how they compare to the federal levels – visit the DOL’s State Minimum Wage Law page. February 21, 2020 by Mark Wilson. Where It’s Happening . Fluctuations in demand, staff turnover and other challenges make advance scheduling even more difficult. The problem is that restaurant managers must consider dozens of variables when they develop a shift schedule. This same law also prohibits local governments from requiring employers to provide employment benefits not otherwise required by state or federal law. Better scheduling helps: the predictive work schedule law in Emeryville, in effect since 2017, has been shown to improve sleep quality and reduce stress levels for covered employees with young children (Duke University). 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. Predictive Scheduling Laws Are Different for Each State. If you haven’t heard the term predictive scheduling , you soon will. The laws assume employer guilt unless the employer can show full compliance through their records. See what other cities and states have passed laws related to predictive scheduling for employees in our 2018 update. State of Oregon . 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. 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. 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. Yes, the state of Oregon is the first state to pass a predictable scheduling law. Remember this is not official legal advice. 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. Predictive scheduling laws protect workers from last minute scheduling changes that could negatively impact their income. home / Tool-Kit Categories / Deluxe Suite / HR Laws by State / Predictive Scheduling and Fair Workweek Laws / Popular Searches: COVID-19, FFCRA, FMLA. 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. 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. Businesses affected: Certain employers in retail, hospitality, or food services industries that have at least 500 employees worldwide. 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. How predictive scheduling will affect your restaurant . Editor's note: For a regularly updated list of predictive scheduling laws, see the predictive scheduling law tracker. A survey of state and local predictive scheduling laws (also referred to as secure scheduling or fair workweek laws). 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. If you have any concerns about predictive scheduling laws, it’s best to consult an employment lawyer. The law … Predictive Scheduling Laws, the New Normal? 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. In fact, the fair work week was a part of ex-presidential candidate Elizabeth Warren’s platform. 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. While this movement may not be everywhere just yet, it’s growing and impacting higher levels of government. 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. THE FLSA AND YOUR JOB DESCRIPTION . 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. 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. As a result, this article will cover 10 critical aspects that employers should understand restrictive scheduling laws. Oregon, meanwhile, is the only state with one of these laws in effect, while New Hampshire and Vermont have more limited scheduling-related laws. 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. 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. Absolutely. 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. 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. 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. 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. Secure Scheduling COVID-19 Q & A. Predictive scheduling laws were created to help employees know when and how many hours they’ll be working ahead of time. 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