The Fair Workweek law in Philadelphia requires covered employers to provide service, retail, and hospitality workers with a predictable work schedule. Flexible scheduling laws create a legally protected right for employees to seek accommodations and changes in their schedules. These laws are also referred to as “right to request” laws, because they protect an employee’s right to be free from retaliation in the event that the employee requests some flexibility in his or her schedule. Predictive and/or Fair Scheduling Laws September 2017 Beginning with San Francisco in 2014, many states and municipalities have enacted laws aimed at providing more scheduling predictability to hourly workers. “Employers should know that not all predictable scheduling is created equal.” For example, comparing Oregon’s law with Seattle’s ordinance, the former is more restricted in scope than the latter. The Mayor’s Office of Labor successfully incorporated input from both employers and worker organizations who understand the details of scheduling practices as they exist currently and as they will under the law. These laws, also known as fair scheduling or predictive scheduling laws, address a wide range of concerns faced by employees, such as predictable hours, premium pay for schedule changes, so-called “clopening” … In addition, employees could have a right to refuse work if the schedules are not communicated in advance. Specific regulations were developed based on the coordinated effort of all parties involved at stakeholder meetings. Oregon’s Fair Work Week Act scheduling law will require the schedules of nonexempt, hourly employees in food service, hospitality, and retail to be more predictable. San Francisco was the first to enact scheduling regulations with its Formula Retail Employee Rights Ordinance in 2014. Scheduling Laws Gain Momentum on City and State Level. Predictability leads to … However, the predictability’s reach continues to grow. (The Temporary Schedule Change Law, which applies to all New York City employers, has FAQs that constitute an additional 11 pages of dense reading.). (The gig economy surged in part because of the concept.). What are regulations, and why do we need them? Beginning July 1, 2022, employers must post the work schedule no later than 14 days before the first day of any new work schedule. The Chicago law for example that goes into effect on July 1, 2020, also covers building services, manufacturing, restaurants, warehouse services, and the health care employees. While industries will have to adjust their current practices and make changes, the good news is that predictable schedules have resulted in good outcomes for both employers and workers. Robert Teachout: Thank you for commenting on the vacation article. At first, these laws were only limited to a very few municipalities and initially targeted to only certain industries:  retail, fast food and hospitality. The first step to preparing for predictive scheduling laws is to figure out if they apply to your business. 828 in 2017. An overarching federal law would achieve this uniformity, especially if it would include a preemption provision that would limit state or local enforcement efforts. Every law passed is different, and the categories of workers they cover can vary in each location. Predictive scheduling laws protect workers from last minute scheduling changes that could negatively impact their income. Predictable scheduling laws aren’t just spreading across regions. The industries covered by the laws have also begun to spread. Allowing for flexibility on parts of the ordinance during the first month of operations after opening a new location. What Skills Do CHROs Need to Bring to the Table in 2016? FWW regulations are currently open for comments from October 4, 2019 to November 4, 2019. Predictable Scheduling Laws and Their Impact to the Security Guard Industry By Tim Lozier May 12, 2020 Scheduling and Attendance The news has been flooded with legislation and proposed regulation around predicable schedules, fair work schedules and prevention of the “on-call” hourly worker. Without it,morale stays low.”, -Devante Smallwood, Service Worker and One PA Member. It’s clear that there are many benefits of FWW laws for both employers and employees. A poll of webinar attendees revealed a wide range of advance scheduling practices, which may be dictated by the nature of an employer’s industry (e.g., providing services that require on-call scheduling): If operating under certain jurisdictions’ requirements, up to 39% of webinar attendees could be subject to predictability pay provisions and/or associated penalties. Download a copy in: It also requires good faith estimates and 10 days advance notice of schedule, along with other protections. Predictable scheduling laws (or predictive, secure or fair scheduling) require an employer to provide advance notice to employees of work schedules. Bring challenges related to the complexity of multijurisdictional compliance. Fair Workweek regulations: Stakeholders at the table make a difference. 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. The proposed ordinance would require certain Chicago employers to … This ultimately affects customer service, call out rates, and work performance. Details on the FWW predictable scheduling law, a complaint form, and the notice that employers are required to post is available on the, FWW regulations are currently open for comments from October 4, 2019 to November 4, 2019. We're still working on this page's design and content. How Can You Prepare for Predictive Scheduling Laws? The article, “Predictable Scheduling Laws: The Next Trend in Workplace Regulations,” featured in SHRM, discussed how Seattle will likely be the next city to limit employers’ use of on-call scheduling. Many of these laws have so-called “clopening” provisions, in which an employee may not be scheduled for back-to-back closing and opening shifts without additional pay (or an employer risks an even greater penalty). The shift from flexible to predictive or secure scheduling has resulted in steep fines and increased business costs for some. Covered Employers and Employees . In Philadelphia, the law covers fast food workers and certain service, retail, and hospitality workers. Predictive scheduling laws are generally straightforward. Share on LinkedIn . This post was written by Candace Chewning, Outreach and Communications Director for the Office of Benefits and Wage Compliance. Provide employee schedules at least 2 weeks in advance; 2. This is especially necessary for workers with family and other ongoing commitments. For example, in New York City the law covers all fast food workers. The reasons for engaging in predictable scheduling practices and allowing alternative or flexible scheduling include: However, from an employer’s perspective, the enforcement landscape has developed into multiple compliance obligations that intersect with a number of already regulated areas, such as wage and hour, payroll and leaves of absence. Various questions from attendees centered on who is covered by the specific scheduling laws. Predictable Scheduling Laws Advance In Chicago And Springfield. If an employer fails to comply with the advance notice provisions, then it may be responsible for “predictability pay” or additional penalties for making changes to posted work schedules. If you are interested in participating or wish to view a draft of FWW regulations, go to the, City of Philadelphia’s Records Department website, If you are a service, hospitality, or retail worker, learn more about your rights by visiting the, Mayor’s Office of Labor resources website, Workers and employers can contact the Mayor’s Office of Labor at 215-686-0802 or, Office of Councilmember At-Large Helen Gym. The first flexible scheduling law was San Francisco’s Family Friendly Workplace Ordinance (enacted in 2013). We addressed concerns, while staying within the terms of the legislation. 828 in 2017. According to. For example, many of these laws do not specify employer coverage in circumstances where an employer has enough employees to be covered as a whole, but not in the specific jurisdiction. The effect of these laws on restaurants has been so much that in December of 2018, the … Predictable scheduling involves ensuring that employees have some control over their scheduled working hours, not changing work schedules without employees’ consent, and/or giving employees advanced warning about changes to their work schedules. Workplace flexibility has been a trending concept in HR for some time now. In a city where many people are working two or more jobs just to get by, this support for workers is critical. There has been proposed legislation in California for predictive scheduling requirements, but as of 2020, none of these … Share on Twitter . Please note that newer browser versions will not need an extension. Predictable scheduling and fair workweek laws. If you are a service, hospitality, or retail worker, learn more about your rights by visiting the Mayor’s Office of Labor resources website. Reduce Workplace Absenteeism With Five Simple Steps, Why ‘Ban the Box’ Trend Has Huge Impact on Employers, Salary Budget Increases Projected for 2021 on Par With 2020, XpertHR Survey Finds, FFCRA’s December 31 Expiration Date Fast Approaching for Employers, Keeping Performance Appraisals Effective During the Pandemic, HR Professionals View Recruiting and Hiring as the Most Challenging Issue for 2021, Says XpertHR Survey, How the Biden Presidency Could Affect Employers. Catharine Morisset provided commentary on what the "Secure Scheduling Ordinance" entails. These rest periods are commonly set at 8 hours or 10 hours of rest between an employees end of shift and the beginning of the next shift. employees could not sue for violations of the law). Fair Workweek laws (FWW), which are being passed across the country, require predictable scheduling practices for certain service and hospitality employees. Predictable scheduling laws tend to have some other commonalities: In 2014, the San Francisco Retail Workers’ Bill of Rights first introduced the concept of “predictability pay,” and other progressive jurisdictions were quick to study the issue and eventually enact similar laws. Although there have been lobbying efforts for this type of legislation, no federal bill has been passed. Examples include: Although it is impossible to anticipate every scenario that may happen for each industry that falls within FWW’s authority, the overall process of sitting down with stakeholders was efficient. 11. Fast food employers must post the notice, YOU HAVE A RIGHT TO A PREDICTABLE WORK SCHEDULE, where employees can easily see it at each NYC workplace. Kate Brown signed S.B. Make no changes to the employee schedule with less than seven days notice; changes made past that … Fair workweek laws aim to make work more predictable for workers. Flexible and Predictable: The Differences. Even more frustrating to employers, because this is an area of the law that continues to develop, many answers to questions continue to be “it depends,” because many complexities remain unresolved by regulators or the courts. During the writing of FWW regulations, stakeholders in the room identified specific language that needed to be clarified by the regulations. A total of 15 stakeholders came together every month from April through August 2019 and coordinated offline in between meetings. While certain jurisdictions (including Vermont and New York City) have flexible scheduling laws, others may soon follow suit. This ultimately affects customer service, call out rates, and work performance. Increase likelihood of threats of administrative penalties or court claims; and. Unpredictable scheduling leads to an increase in financial instability and stress for employees. While compliance may be challenging, it is very possible. San Francisco was the first city to pass a comprehensive predictable-schedule in 2015, and cities such as Chicago, New York City, Philadelphia and Seattle followed. This post was updated to reflect a change in the effect date for Fair Workweek—from January 1, 2020 to April 1, 2020. Predictable schedule laws are the latest manifestation of that trend. These regulations represent the culmination of a productive dialogue that brought together a diverse group of worker advocates and industry employers. Various provisions also require employees be provided an “opportunity to work” – any new hours should be offered first to existing employees before hiring additional workers. This restricts employers from a practice commonly called Clopening. Seattle’s Secure Scheduling Ordinance and Emeryville and California’s Fair Workweek Ordinances took effect July of this year. Google Plus One . Bruce Sarchet of Littler Mendelson discussed the evolution of workplace flexibility from a regulatory perspective, focusing on the topics of predictable and flexible scheduling during an XpertHR webinar. ... Thomasine H. Mitchell: What if I am a school teacher and my principal say... David Weisenfeld: That is true in the case of California's legaliza... David Weisenfeld: Thanks for your comment Fredrick. In other words, employees should be guaranteed a minimum amount of time between shifts. Share This Page. Email; On July 24, 2019, Chicago passed the Chicago Fair Workweek Ordinance, which will dramatically change how many Chicago employers schedule work. Written examples of good faith estimates. Since the Fair Workweek law requires significant changes to how scheduling works for most employers, and it can come at a cost if the law is not followed, detailed regulations needed to be written. Sarchet offered practical suggestions for employers to comply with scheduling laws and engage with employees: flexible working, predictable scheduling, reward strategy. Fair Workweek laws (FWW), which are being passed across the country, require predictable scheduling practices for certain service and hospitality employees. There are limited exceptions to these scheduling … The majority of XpertHR webinar attendees did not operate in a jurisdiction with a scheduling law: However, this may soon change. Engage in the interactive process when employees request schedule preferences and grant requests related to major life events, unless there is a bona fide business reason for denying the request. While the jury is still out on the future of predictive scheduling, one thing is certain; scheduling complexities aren’t going away. Once a law is passed, it is the authority on what rules must be followed. Depending on the size of the employer, the Philadelphia Fair Workweek law requires employers to provide workers with a predictable schedule. Fair scheduling laws – sometimes referred to as “predictive” or “predictable” scheduling – are popping up in city councils and state legislatures across the nation. From a management perspective, it may seem difficult to address pop-up scheduling and customer needs under this law. “Fair Workweek gives the worker the right to freedom, to know that their schedule is going to work for them and their lives outside of the workplace. 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. 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. What Are Predictive Scheduling Laws? It’s clear that there are many benefits of FWW laws for both employers and employees. 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. Once posted, however, employers are … Predictable Scheduling Laws May Be Coming to Illinois Soon. Tricky situation... Fredrick Carter: It will indeed be interesting to see how employers... Reducing interference with employee’s personal lives; Records must usually be kept for at least three years; Advance notice of changes or schedules is required on the part of employers; and. “By knowing their schedule beforehand, employees have more control for how to plan their lives. If an employer fails to comply with the advance notice provisions, then it may be responsible for “predictability pay” or additional penalties for making changes to posted work schedules. If you are interested in participating or wish to view a draft of FWW regulations, go to the City of Philadelphia’s Records Department website. For existing employees, from July 1, 2020 to June 30, 2022, employers must provide written notice of work hours by posting the work schedule not later than 10 days before the first day of any new schedule. Although the movement started out slow with a San Francisco showdown in 2014, the movement for advanced scheduling has gained traction and is inciting discussions among lawmakers across the country. In order for the RSS feed to display properly a browser extension may be required. “Philadelphia’s Fair Workweek Ordinance will bring stability to over 100,000 service industry workers. Scheduling Laws Gain Momentum on City and State Level San Francisco was the first city to pass a comprehensive predictable-schedule in 2015, and cities such as Chicago, New York City, Philadelphia and Seattle followed. Fair scheduling laws – sometimes referred to as “predictive” or “predictable” scheduling – are popping up in city councils and state legislatures across the nation. 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. Resources connected to this law are now available. Writing expansive regulations for FWW required a representative group of worker advocates, labor, and industry in order to properly address possible scenarios when deciding on rules. Depending on the jurisdiction, the laws may direct employers to offer additional hours to existing part-time … For example, in New York City the law covers all fast food workers. 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