Predictive scheduling laws started surfacing several years ago. And what has caused more change than the coronavirus pandemic? Rules may also require adequate rest periods between shifts. Predictive scheduling refers to a patchwork of different state and municipal laws mandating hiring, scheduling, and document retention practices for certain employers. These scheduling laws, alternately referred to as predictive, secure, fair or predictable, impose an increased number of requirements on employers in addition to extending retaliation protections to employees. 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. Seattle In addition, a pair of major American cities will se… The Ordinance goes into effect on July 1, 2020. Predictive scheduling laws require employers to give employees adequate notice of when the ... SB 850 was held in committee in July 2020. At least until the COVID-19 pandemic hit, they were some of the fastest-growing industries in the United States, employing tens of millions of employees. November 10, 2020. Currently, Oregon is the only state with a law in place, and it applies to employers in the retail, hospitality and fast food industries. Make no changes to the employee schedule with less than seven days notice; changes made past that … Nevertheless, employers throughout the nation should pay attention to the issue. But there is an upside to offering predictive scheduling far beyond labor compliance. The Ordinance will require employers covered by the Ordinance to provide advance notice of work schedules to their covered employees, and to pay additional wages if posted schedules are changed within a certain time period. Currently, Oregon is the only state with a law in place, and it applies to employers in the retail, hospitality and fast food industries. Fair scheduling – and the laws that enforce it – also prevent employers from changing the schedules without notice and scheduling back-to-back closing and opening shifts. Employers are expected to keep detailed records of all scheduling-related activities in case of audit. Additionally, some states have outright prohibited the predictive scheduling law. Workforce Management Give them plenty of lead time, as well as training, to adapt to the new routine. The current law requires employers to provide written work schedules at least seven days in advance, but as of July 1, 2020, that requirement will jump to 14 days in advance. Analyze your current scheduling practices – If your managers are creating schedules on short notice and/or changing them on a daily basis, find out what’s driving those changes. With EPAY’s comprehensive payroll processing system and tax filing technology, you don’t have to worry about things like inaccurate payroll data, the ever-changing Some data indicate one-third of all workers and more than one-half of all hourly workers get their schedules with less than a week’s notice. In a bill passed in 2017, for example, Arkansas argued that such laws put Arkansas employers at an economic disadvantage when compared to other states who do not have this type of law. Before responding, you should understand your responsibilities under the various discrimination and employee leave laws. There are several steps you can take to move toward predictive scheduling, including: Surprisingly, less than half of employers are currently using scheduling software. Predictive Scheduling Unpredictable schedules and late notice for assigned shifts make it difficult for hourly restaurant workers to find childcare, go to school, or schedule transportation. In the past five years, several major cities (San Francisco, Seattle, Chicago, New York, and Philadelphia) and one state (Oregon) have passed predictive scheduling laws. However, more recent predictive scheduling laws cover a much broader array of industries, with far more draconian penalties, and allow for employee-initiated class action litigation. The instability of the coronavirus pandemic has added more roadblocks in enforcing predictive scheduling requirements. Don’t hesitate to reach out to Seyfarth to help you determine whether you are a covered employer under any state or municipal predictive scheduling laws. For example, if chronic tardiness and absenteeism is the cause, addressing the root problem will automatically lead to smoother scheduling. Requirements usually include 2 or more weeks of scheduling notice and compensation for last-minute shift changes. These laws generally have exceptions for acts of God and employee-requested shift-switching. For example, in 2016, California’s legislature drafted SB 878 that proposed to require retail establishments, grocery stores, and restaurants to set employees schedules 28 days in advance, and impose penalties on the employer if the schedule is modified by … If you’re one of them, EPAY’s advanced scheduling solution can ease predictive scheduling compliance, while allowing you to reap the advantages of optimized scheduling practices. management services behind your company, you can better monitor the efficiency and effectiveness of your workforce overall. Some laws are already in place. Check out our infographic, which highlights the results of our weekly election polls. The Development of Predictive Scheduling Laws. See resources. Makes it easy for managers to create and edit schedules, while giving workers online 24/7 access to schedules. In light of many state regulations requiring face masks in most indoor work settings, many employers are wondering how to deal with employees who say they cannot wear a mask because of a medical condition or religious belief. In Chicago and Philadelphia, the predictive scheduling rules go into effect this summer. Let’s face it: Nobody likes change, but how organizations and leaders approach change will make or break your company. Either way, there’s plenty to monitor. Provide employee schedules at least 2 weeks in advance; 2. Prohibited: Arkansas, Georgia, Iowa, and Tennessee. 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. decisions. Some employees say predictive scheduling laws make it difficult for them to make last-minute schedule changes and could prevent opportunities to pick up additional shifts when they could use the extra income. Predictive scheduling could reduce both problems. How to Successfully Implement Predictive Scheduling Practices. The paperwork is so complex that there are more than 900 pages of completion instructions from government handbooks, guides and websites. Predictive scheduling laws started surfacing several years ago. If you operate in certain jurisdictions and industries, that is! Predictive scheduling laws are being passed across the United States at local and state levels. landscape of tax rules, or garnishment and levy compliance—we handle it all for you! If a remote workforce […]. Emeryville, CA 2. What’s the “good faith estimate” of hours to new hires? Most predictive scheduling laws tend to focus on service industries that rely on an hourly workforce, including retail, food service, hospitality, and janitorial work. Probably most important to employers, the proposed law would require them to pay employees for last-minute changes. HR News Even when you’re miles away from workforce activity, EPAY's time and attendance system gives you complete visibility into your labor data to help you make proactive and informed workforce management Predictive scheduling laws can wreak havoc with your efforts to control labor costs and manage peak demand periods. In San Francisco, if an employer changes an employee’s schedule less than 7 days before the shift, it must pay the employee a premium of 1 to 4 … For example, our software: EPAY scheduling software was designed for the hourly workforce that is hard to track and manage. Enacted: California, Illinois, New York, Oregon, Pennsylvania, and Washington. Reliability also helps stabilize income so workers can budget effectively. Or a worker might not be on the original schedule, but the employer later adds her without checking availability. How far in advance do you give your employees their work schedules? San Francisco 4. Predictive scheduling laws also often require businesses to adopt computerized automated scheduling systems that need training and steep fees to purchase and use. A s if this year hasn’t been complicated enough, 2020 also brought new Fair Work Week requirements for Philadelphia and Chicago.Predictive Scheduling laws are now in place for six cities and one state, primarily impacting the restaurant and retail industries. The coronavirus (COVID-19) outbreak is top of mind for HR professionals and employers nationwide. Save time managing benefit plans for your employees while minimizing compliance risks with the help of our online benefits administration software. Published June 2, 2020. EPAY’s cloud based time and attendance tracking system adapts to the most complex labor environments, keeping Other Stuff By Kris Janisch. These laws provide new facets of scheduling that businesses, both small and large, haven’t had to deal with and it’s making quite the impact. Trending: Be on Lookout for Predictive Scheduling Laws By Jessica Bowes, Foulston Siefkin LLP Oct 1, 2020 HR Management & Compliance 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. As the name implies, predictive scheduling laws require that employers give workers their upcoming hours a certain number of days in advance—ranging from seven to 14—and compensate them for last-minute schedule changes. Prior to that, employers need to provide a 7-day schedule to employees. Predictive scheduling hasn’t reached most states—yet—and it’s unlikely the proposed federal law could garner the support needed to pass the current Republican-led Senate. can offer your employees top-notch benefit programs without adding more work to your plate. Do you know how you would rise to meet this challenge…or if it makes sense to get out in front of it? Chicago - Chicago’s predictive scheduling law is drawing attention because it affects a broader sweep of industries, including buildings services, manufacturing, healthcare, hotels, restaurants, retail, and warehouse services. Practical HR Tips, News & Advice. Many service industry workers have more than one job, but unpredictable schedules can lead to uncertainty because they don’t know if they should fill their time with other work from a second (or third) job. The Schedules That Work Act (STWA), introduced in Congress in 2019, may be just the bill to shift predictive scheduling from a popular idea to a federal mandate. 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.. 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. California is even considering a bill that would fine employers who don’t give adequate scheduling notice. Growing interest in the new system, combined with increased unemployment and current concerns about job safety and security in the service industry, could lead to a groundswell of support in years to come. There is a mix of state-wide laws and local laws. Your employer must give you a work schedule in writing at least seven calendar days in advance for the first day on the schedule (as of July 1, 2020, they must give you at least 14 days notice). These laws, also known as fair workweek laws, are becoming more widespread. The Chicago City Council approved the “Chicago Fair Workweek Ordinance” on July 24, 2019. Keep up with the current number of cases in your state with our interactive map, updated daily, and read on to learn how COVID-19 is impacting workplaces across the nation and what you can do to keep your workers healthy and safe. Currently, predictive scheduling ordinances say employers must schedule workers 10 days in advance – a timeframe that will increase to 14 days in 2022. Oregon predictive scheduling laws went into effect in 2018 and require on-call scheduling to cease and be replaced with more stable schedules for employees.. Predictive Scheduling While this is still a newer law, it will continue to be refined into 2022. Predictive scheduling supporters say the system has many benefits. Filed Under: Employee scheduling may be harder because of COVID-19, so it's important to get strategic about your team's schedules. A trusted guide. In addition to providing schedules in advance, there are other obligations for employers under the Chicago Fair Workweek ordinance. It goes into effective July 1. The following cities also have predictive scheduling laws on the books. Chicago Predictive Scheduling Law Goes Into Effect July 1, 2020. Here are some employee scheduling techniques for unpredictable times. Cut your administrative work in half! An employer shall provide a new employee with a written good faith estimate of the employee’s work schedule at the time of hire. These laws … Predictive Scheduling Laws: Remain Compliant with Scheduling Software. For employers that operate on thin margins, predictive scheduling could be an effective workforce management tool, not just another law to comply with. As an HR professional, you are sympathetic, enthusiastic, and care deeply about the people at your organization. If you have questions, feel free to contact the firm’s employment attorneys at 316-267-6371. Scheduling, How to Defeat OSHA’s “Fatal Four” and Protect Your Construction Workforce, How HR Technology Improves Open Enrollment Outcomes, Employee Happiness: The Labor Shortage Solution That's Right Under Your Nose, Your I-9 Forms Just Expired- But Here's Why That's Okay, Rethinking Workplace Vaping Policies in Light of the CDC Warning, EPAY Systems Client Data Retention Policy. Updated Daily. Predictive Scheduling: Generally, predictive scheduling laws require employers to post work schedules between 7 to 14 days in advance of the first scheduled shift. All are targeted to the retail and food service/fast food industries: In addition, a pair of major American cities will see laws take effect this year: Furthermore, it’s likely that we’ll be seeing more of these laws soon. While this offers clear benefits to workers, it presents challenges to employers in fast-moving environments. The Act would require employers to consider and respond to schedule requests while providing employees with clear expectations about their hours. But given the trend toward predictive scheduling … Many cities and states have begun to propose regulations surrounding predictive scheduling or are at least considering … Work with managers to change your procedures – Predictive scheduling may be a tough adjustment for managers who fly by the seat of their pants. Furthermore, in a 2015 pilot, the Stable Scheduling Study, three Gap stores instituted predictive scheduling, giving workers two-week scheduling notice and eliminating on-call cancellations. The stress and worry of last-minute scheduling can drain productivity and increase turnover. Although each predictive scheduling law is unique, they all share a common objective: to provide low-wage hourly workers with advance notice of their schedules, thereby giving workers more stability and control over other aspects of their lives, like arranging childcare and working a second job. Compliance Over the past few years, New York City, Seattle, San Francisco, and Oregon have enacted laws requiring predictive scheduling in certain industries. Allowing employers to make late changes to schedules can help businesses avoid paying for more workers than they actually need. July 1, 2020 is the first date for the 14-day scheduling requirement. For one thing, workers like it—and in an age of labor shortages and record-high turnover, keeping employees happy is the key to keeping one’s workforce well-staffed. Learn more […]. 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. For International HR Day, we celebrated the hard work you do every day by recognizing fellow HR professionals for the successes they’ve had, both in their careers and personal lives. Predictive scheduling laws require the payment of “predictability pay” for schedule changes and on-call shifts. Different cities in the U.S. are implementing predictive scheduling laws that vary by jurisdiction, but they all have one main goal in common: to give employees better working conditions and the opportunity to plan their lives ahead of time. New York City’s law will take effect November 2017.San Francisco employers must: 1. Due to COVID-19, the need for digitizing hiring to enable remote work is even greater. Also, companies with employees in California and New York City should take steps to ensure compliance with predictive scheduling laws in 2020. EPAY’s cloud based time and attendance system, BlueforceTM, is hosted on a private cloud. With EPAY’s benefits administration solutions, you Watch Out for Predictive Scheduling Laws. Predictive scheduling protect employee, but employers struggle with the lack of flexibility. Its 10-day advance notification requirement will be extended to 14 days effective January 1, 2021. Dec 8, 2020. More reliable schedules would likely contribute to higher job satisfaction, greater organizational loyalty, and lower absenteeism, leading in turn to lower expenses associated with the never-ending cycle of recruiting, hiring, and training new employees. Under the STWA, workers would have the right to more flexible or predictable schedules, more or fewer work hours, and minimal fluctuations in scheduling. The Fair Workweek Law requires large businesses in the retail, food service, and hospitality industries to provide written schedules at least seven days in advance (this increases to 14 days in 2020). When employers create last-minute work schedules or make late changes, employees can suffer unintended consequences. Oregon became the first — and so far, only — state to enact a predictive scheduling law in 2017. But, predictive scheduling laws can certainly have downsides. Among the other labor laws that were updated or implemented in 2020, many cities—and one state—in the U.S. chose to require a new kind of scheduling practice that is aimed at protecting hourly employees. That’s especially true for retail and other consumer-oriented industries. The following cities also have predictive scheduling laws on the books. While these laws are well intended, they do present significant challenges for employers in terms of staffing, costs, document retention and general compliance. All are targeted to the retail and food service/fast food industries: 1. Allows managers to calculate actual labor costs for each proposed schedule, thanks to a built-in budget calculator. The results were so compelling, Gap rolled out the practice at all of its stores as soon as the study concluded. Don’t settle for a rigid employee time tracking system that doesn’t fit the way you work. If she doesn’t come in for the newly scheduled shift, the incident can be treated as a “no-call, no-show,” resulting in discipline. Chicago and Philadelphia just passed their own laws that went into effect over the last few months. Sometimes, they make the time and effort to arrive at work only to learn they’re no longer needed. Using interviews with members from the HR Daily […], Getting Employees on Board With Off-Site I-9s HR professionals know that Form I-9 must be filled out correctly, but off-site employees struggle to complete it without help. Predictive scheduling laws require employers to post work schedules a certain amount of days or weeks before shifts begin and observe employee rest periods between shifts. Eliminate manual HR processes with EPAY’s human resource management solution. Oregon is currently the only state with a predictive scheduling law, and it affects employers in the retail, hospitality, and food service industries that have at least 500 employees. And the cons affect workers, too. These predictable scheduling laws tend to share several commonalities: Advance notice to employees of work schedules. Lower-income workers can even lose opportunities for public benefits because they can’t accurately report income due to the wage fluctuations caused by last-minute scheduling changes. Due to COVID-19, many organizations have had to go into crisis mode to react swiftly with the changing atmosphere that took form. If it’s less than 14 days notice, you could be in violation of predictive scheduling laws. While we haven’t yet seen an influx of laws for the rest of the nation, you should pay attention because the trend is an employee-friendly response to the last-minute scheduling approach dominating industries in which customer demand is uncertain, such as restaurants and retail stores. Make sure your scheduling software is up to the challenge. Predictive scheduling is also an emerging legal requirement. Chicago’s new predictable scheduling law, effective July 1, 2020, requires employers to notify low-income workers of changes to their schedules and applies to a wide variety of industries. Though it is difficult to predict what the state legislature will have in store for Massachusetts employers in 2020, our “Magic 8-ball” says “signs point to yes” and “outlook good” when asked about predictive scheduling laws and statewide increases to the white-collar exemptions to overtime. The proposed bill failed in the past, but the current Congress still has until its 2021 adjournment to pass the latest version, and Senator Elizabeth Warren of Massachusetts has reinvigorated the bill as its new Senate sponsor. There has been proposed legislation in California for predictive scheduling requirements, but as of 2020, none of these bills have passed. During the pilot period, productivity rose by an impressive 5% and median sales rose by 7%. Connecticut, Illinois, Maine, Michigan, Minnesota, New Jersey, North Carolina and Rhode Island have previously or are currently considering legislation. For example, if an unexpected weather event leads to lower restaurant traffic on a Friday night, a predicative scheduling law may prevent the employer from canceling shifts or allowing employees to leave early—or at least prevent the employer from being required to pay for the canceled and early-ending shifts. Generates reports and—working in conjunction with workforce management software—provides insightful analytics that helps managers improve their scheduling practices. On the other hand, four states—Arkansas, Georgia, Iowa and Tennessee—have passed legislation prohibiting their cities from passing predictive scheduling legislation. you in control of your workforce and in compliance with labor laws, while reducing your labor costs by up to 5% or more. Chicago’s fair workweek law goes into effect on July 1, 2020. Jessica Bowes was a summer associate with Foulston Siefkin LLP. Sign up for the HR Daily Advisor Newsletter, Putting a Face on HR: Profiling Crisis and Change Management Strategies, Getting Employees on Board With Off-Site I-9s, To view last week's poll results, click here. Hardware and SQL Servers are owned and managed by EPAY Systems. New York City 3. Beyond free premium technical support, we offer a menu of professional services to help you with your workforce management processes and keep your business running smoothly. Legislation in those cities and states might not your company, but federal legislation would bind all states—even those with laws preempting predictive scheduling legislation, such as Arkansas. Philadelphia – Originally slated to take effect January 1, the law was delayed to April 2020 and applies to the retail, hospitality and food service industries. Proponents also argue both employees and businesses could benefit from the laws. Stay Informed! Chicago joins the ranks of other cities like San Francisco, Emeryville, San Jose, Berkeley, New York City, Seattle, SeaTac and Philadelphia that have predictive scheduling laws. With advanced notice about schedules, workers can plan for childcare and pursue education and training opportunities that require steady schedules. Focus on what’s strategically important to your business—your employees. Moving to predictive scheduling can be arduous for employers, particularly if their managers and/or scheduling software isn’t immediately up to the task. Allows workers to bid on open shifts and swap schedules—a proven employee pleaser. Continue reading. And even if fair workweek legislation doesn’t impact you today, it may down the road. Who has laws requiring predictive scheduling? To learn how it works, start here. Ensuring that new hires are successfully settling in to their new roles is paramount in this unprecedented time. The latest news and headlines to keep you up to date on the COVID-19 pandemic. Typical legislation focuses on workers in large retail and food establishments. As a result, four cities and one state in the U.S. have passed predictive scheduling laws that make scheduling practices fairer for workers. © 2020 BLR®—Business and Legal Resources 100 Winners Circle, Suite 300, Brentwood, TN 37027 800-727-5257 All rights reserved. Seattle’s Secure Scheduling Ordinance and Emeryville and California’s Fair Workweek Ordinances took effect July of this year. Right on Time? The law applies to companies with at least 500 employees, and especially impacts retail, hospitality, and restaurant workers, reports hrdive.com.. Also known as the Fair Scheduling Law, on-call employees in Oregon were given stable … A pair of new laws take effect in 2020, and if you manage an hourly workforce, it’s important to know what they are. It should generate detailed documentation, allowing you to periodically audit your performance and demonstrate compliance if necessary. 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