The majority of XpertHR webinar attendees did not operate in a jurisdiction with a scheduling law: However, this may soon change. Fair Workweek regulations: Stakeholders at the table make a difference. Download a copy in: April 1, 2020, is when the Philadelphia Fair Workweek law goes into effect. If you are a service, hospitality, or retail worker, learn more about your rights by visiting the Mayor’s Office of Labor resources website. The Ordinance applies to employers in the following industries: building services; … Employers must provide notice to new hires regarding schedules. To continue using our website and consent to the use of cookies, click away from this box or click ‘Close’, San Francisco’s Family Friendly Workplace Ordinance, Performance Management: The Importance of Being Honest. What are regulations, and why do we need them? Generally, regulations provide more specific details by outlining either additional rules or a process on how the law should be followed. However, the predictability’s reach continues to grow. Flexible scheduling laws usually are not accompanied with the type of onerous regulation that predictable scheduling laws have, nor are the penalties for noncompliance as steep. 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. Without it,morale stays low.”, -Devante Smallwood, Service Worker and One PA Member. At first, these laws were only limited to a very few municipalities and initially targeted to only certain industries:  retail, fast food and hospitality. In a city where many people are working two or more jobs just to get by, this support for workers is critical. Flexible scheduling laws create a legally protected right for employees to seek accommodations and changes in their schedules. Fair Workweek working group: Stakeholders at the table. 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. In Philadelphia, the law covers fast food workers and certain service, retail, and hospitality workers. The shift from flexible to predictive or secure scheduling has resulted in steep fines and increased business costs for some. employees could not sue for violations of the law). It’s Predictable: Chicago Passes Strict Work Scheduling Law. ... 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. This post was written by Candace Chewning, Outreach and Communications Director for the Office of Benefits and Wage Compliance. Absent specific legislation, flexible scheduling (or modified work schedules) can be a desirable workplace practice and act as a reasonable accommodation under the Americans with Disabilities Act (ADA). “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 proposed ordinance would require certain Chicago employers to … While the jury is still out on the future of predictive scheduling, one thing is certain; scheduling complexities aren’t going away. 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. 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. How Can You Prepare for Predictive Scheduling Laws? There has been proposed legislation in California for predictive scheduling requirements, but as of 2020, none of these … August 6, 2019. Predictive scheduling laws are an emerging trend and employees should monitor local ordinances and state predictable scheduling enactments. Earlier this month, Chicago City Council’s Workforce Development Committee advanced the cause for predictable scheduling by introducing the “Fair Workweek Ordinance”. Unpredictable scheduling leads to an increase in financial instability and stress for employees. Predictable Scheduling Laws May Be Coming to Illinois Soon. “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. From a management perspective, it may seem difficult to address pop-up scheduling and customer needs under this law. 828 in 2017. Google Plus One . Share This Page. “Clopening” is the scheduling practice of requiring employees who close the business at night to return and reopen in the morning. Covered Employers and Employees . Although workplace flexibility programs can be a win-win for employers and employees alike, the increasing regulation of how and when an employer may schedule an employee to work has created onerous obligations for employers. While not every organization is impacted by predictable scheduling laws yet, the time has come to start thinking about how predictive scheduling might impact your business in the future. 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. Every law passed is different, and the categories of workers they cover can vary in each location. 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. 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. The first flexible scheduling law was San Francisco’s Family Friendly Workplace Ordinance (enacted in 2013). Predictive scheduling laws are specifically targeted to businesses in industries where on-call scheduling, hourly employees and minimum wage employees are most common. Predictable scheduling and fair workweek laws. 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. 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. However, if one is needed use the relevant link below: Privacy Policy | Cookie Policy | Terms and Conditions | Privacy Notice (California), XpertHR is part of the LexisNexis® Risk Solutions Group portfolio of brands, Copyright © 2020 LexisNexis Risk Solutions Group, Our website uses cookies, which are small text files that are widely used in order to make websites work more effectively. What Skills Do CHROs Need to Bring to the Table in 2016? Details on the FWW predictable scheduling law, a complaint form, and the notice that employers are required to post is available on the Mayor’s Office of Labor website. 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. What is “clopening”? 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. In other words, employees should be guaranteed a minimum amount of time between shifts. Predictable scheduling laws (or predictive, secure or fair scheduling) require an employer to provide advance notice to employees of work schedules. It’s clear that there are many benefits of FWW laws for both employers and employees. Fair Workweek laws (FWW), which are being passed across the country, require predictable scheduling practices for certain service and hospitality employees. In response to the growing concern of unstable work hours, many cities have started to pass employee scheduling laws. This restricts employers from a practice commonly called Clopening. Setting the Tipped Predictability Pay rate at $11.31 for all tipped workers, instead of having to calculate each employee’s regular rate of pay. Specific regulations were developed based on the coordinated effort of all parties involved at stakeholder meetings. Workplace flexibility has been a trending concept in HR for some time now. According to. Once a law is passed, it is the authority on what rules must be followed. UNITE HERE Local 274 is proud to have been a part of this effort.”, -Rosslyn Wuchinich, UNITE HERE, Local 274. 11. , FWW predictable scheduling increased profits by 7 percent and labor productivity increased by 5 percent. Share on Twitter . Predictable scheduling laws (or predictive, secure or fair scheduling) require an employer to provide advance notice to employees of work schedules. Fair scheduling laws – sometimes referred to as “predictive” or “predictable” scheduling – are popping up in city councils and state legislatures across the nation. 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. 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. Flexible and Predictable: The Differences. 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. 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