Predictive work schedule laws—also known as ‘Fair Workweek’ regulations—promote fairer scheduling practices, require that companies give employees sufficient notice of work schedules and enforce penalties for late schedule changes. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item. For example, the NYC Fair Workweek Law prohibits certain retail employers from requiring employees to work on-call, while the proposed regulations merely impose a penalty for such. These laws typically require employers to: Give good faith estimations of likely hours on hiring The bill would also require certain businesses to engage in an interactive dialog with workers who request schedule, assignment and work location changes. But restaurants must … While many laws only apply to certain employers in the restaurant and retail industries, other laws have a more expansive definition of “covered employer.” This can … Your employer must give you your written work schedule at least 14 days before your first shift in the schedule. Need help with a specific HR issue like coronavirus or FLSA? Prior results do not guarantee a similar outcome. 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 to 14 days before the first scheduled shift Extra pay is given to employees if an employer changes the schedule after the posted schedule Proposed regulations were issued in response to concerns that certain practices (i.e., shift cancellations, unscheduled shifts, and on-call responsibilities) create difficulty for employees with childcare, school, and family commitments, or employees who are juggling multiple jobs. Please enable scripts and reload this page. Try some practice questions! To learn more about our time and attendance solutions - or just to speak with an expert - click the link below. Members may download one copy of our sample forms and templates for your personal use within your organization. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Thus, employers no longer will be permitted to instruct employees not to come to work because business is slow or they are overstaffed without additional pay to employees. The New York City predictive scheduling law takes effect on November 26, 2017. 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. Focused on labor and employment law since 1958, Jackson Lewis P.C. 828 in 2017. }. Opponents of predictable-scheduling laws, however, argue that such laws limit flexibility by, for example, making it harder for employers to find someone to cover a shift for a worker who needs to take time off with little notice. Changes within the advance notice period can result in premiums and fines. Designed to improve the work/life quality for restaurant workers, predictive scheduling laws require employers to set their employees’ schedules (a certain amount of time, depending on the jurisdiction) two weeks in advance and subsequently penalize employers (to the paid benefit of the employees) who change those schedules without sufficient notice. On December 12, 2018, the NYSDOL issued a revised proposed rule containing numerous revisions based on feedback from the … Moreover, in some instances, there are conflicting terms. These include an exception for workers who earn more than 40 times the minimum wage (e.g., $600 a week for those employed by “large” employers in New York City) and an exception relating to work impacted by weather. Schedules have to be posted seven days in advance in Oregon and 14 days in advance in Seattle, New York City, and San Francisco. View key toolkits, policies, research and more on HR topics that matter to you. 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. Employers require non-exempt employees to report to work but then send them home. 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. Currently, predictive scheduling ordinances say employers must schedule workers 10 days in advance – a timeframe that will increase to 14 days in 2022. Your session has expired. Please log in as a SHRM member. Employers must post the employee schedule in advance, somewhere between 7 … var currentUrl = window.location.href.toLowerCase(); In doing so, employers should also carefully analyze the exceptions. The public will have 30 days (until January 11, 2019) to submit comments. Sen. Elizabeth Warren, D-Mass., and Rep. Rosa DeLauro, D-Conn., introduced the legislation in October 2019. New York City Predictive Scheduling Law On November 26, 2017, New York City’s “Fair Workweek” legislation went into effect, which is a collective of laws aimed to protect fast food and retail workers. Exclusions include the following: The proposed regulations also have a new “safe harbor” provision not contained in the original proposed regulations that allows an employer to assign an employee to cover a shift without additional call-in pay for an “unscheduled shift” if employer provides a good faith estimate of scheduled hours to employees upon hiring and if: (1) the request to cover the new or previously scheduled shift is either made by the employee whose shift would be covered; or (2) is made by the employer in a written communication to a group of employees requesting a volunteer from among the group and identifying a reasonable deadline for responses. Note: Employers cannot punish, penalize, retaliate, or take any action against employees that might stop or deter them from exercising their rights under the law. ©2020 Jackson Lewis P.C. New York City’s law will take effect November 2017.San Francisco employers must: 1. However, depending on the state you’re in, the exact details differ but the idea is generally the same. Employers do not provide non-exempt employees 14 days’ advance notice of their work shift; Employers cancel employee shifts without at least 14 days’ advance notice; Employers require employees to work “on-call”; or. An employee who is required to be in contact with the employer within 72 hours before the start of the shift to confirm whether to report to work also must be paid four hours of “call-in pay” at the minimum wage. The New York State Department of Labor (NYSDOL) has issued sweeping proposed regulations addressing worker scheduling practices that will affect most employers in the state (though employers covered by the Hospitality Wage Order — hotels and restaurants — are not covered by the current proposed regulations). What Employers Can Do If Workers Refuse a COVID-19 Vaccination, Biden Plans to Ban Noncompete, No-Poaching Clauses, Employers Sued for Rejecting Hearing-Impaired Job Applicants. The regulations also do not apply to workers who are excluded generally from coverage under the amended wage orders (e.g., executive, administrative, and professional employees) or those covered by a collective bargaining agreement that provides for call-in pay. Workers should immediately contact OLPS about retaliation. Please purchase a SHRM membership before saving bookmarks. Employees who volunteer for an unscheduled shift are excluded from the Unscheduled Shift requirement, and the regulation lays out the framework for a process to document voluntariness in this regard. Let SHRM Education guide your way. These new predictive schedule laws underscore the importance for qualifying businesses to consider an automated timekeeping system that syncs the timeclock with a scheduling module and other features. Find your peers in SHRM's online community. Secure scheduling laws require employers to notify employees of their rights under the law. "Consistent and predictable schedules make life better for all of us, and we are pleased the court has upheld this critically important city law," said New York City Corporation Counsel James Johnson. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. Qualifying employers in regions with Predictive Scheduling laws will want to take a look at their scheduling practices. Under the proposed regulations, if an employee reports to work and is sent home, the employer must pay the non-exempt employee at least four hours (at the minimum wage), unless the employee is scheduled to work less than four hours, in which case, the employer must pay the employee for the number of hours the employee is scheduled to work. }); if($('.container-footer').length > 1){ Covered employers should begin a thorough review of their policies on compensation and staffing to determine the impact the proposed regulations may have on scheduling policies and the potential additional costs that might result from the regulations, both in increased payments to workers and costs of administration. provides a weekly schedule, 14-day period referenced in this section may be measured from the last day of the schedule. State Trial Judge Arthur Engoron dismissed a lawsuit on Feb. 18, finding that the city's scheduling regulation isn't pre-empted by state law. 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