The new predictive scheduling law requires certain industry employers to … San Francisco was the first to enact scheduling regulations with its Formula Retail Employee Rights Ordinance in 2014. No. No. 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). The new predictive scheduling law requires certain industry employers to provide employees advanced notice of work schedules. New York City has enacted a law banning “on-call scheduling” for retail employees. 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. But the bill, passed in the 2016 session, does require employers to consider employee requests for more flexible schedules. Schedules have to be posted seven days in advance in Oregon and 14 days in advance in Seattle, New York City, and San Francisco. City of New York, 2018 WL 6521558 (Sup. To file a complaint with OLPS, go to nyc.gov/dca or contact 311 (212-NEW-YORK outside NYC) and ask for “Fair Workweek Law.” OLPS will conduct an investigation and try to resolve your complaint. The new proposed rule adds other scenarios when call-in pay is required, including: The manner in which an employer calculates call-in pay depends upon whether the pay is for hours actually worked. OLPS will keep your identity confidential unless disclosure is necessary to complete an investigation or is required by law. This blog focuses on the provisions for retail workers. Employers have until July 1, 2020 to provide existing employees with good faith estimates. What is Predictive Scheduling? In November 2017, the New York State Department of Labor (NYSDOL) issued a proposed predictive scheduling rule that would have imposed various call-in pay requirements when shifts are scheduled or cancelled on short notice or when employees are on call. New York City has enacted a law banning “on-call scheduling” for retail employees. In New York City, retailers and … We aim to give clarity on what predictive scheduling laws are, why they came about and what you can do to prepare for this new growing legal trend. No. Fast food employers with at least 30 locations nationally and retail employers with at least 20 employees must follow NYC’s Fair Workweek Package. The New York City predictive scheduling law went into effect on November 26, 2017. Los Angeles and California are likely next. (Int. Since the first predictive scheduling law arose in San Francisco several years ago, other states and major U.S. cities have contributed to a precipitous rise in these 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. Early predictive scheduling laws only applied to retail establishments and restaurants, with limited penalties and no private right of action (i.e. Employers are subject to penalties equal to the greater of $500 for each affected employee or the employee’s actual damages. The Chicago City Council approved the “Chicago Fair Workweek Ordinance” on July 24, 2019. New York City has joined San Francisco, Emeryville, Seattle and the State of Oregon in passing predictive scheduling laws, which require certain employers to give employees a minimum amount of advance notice of their work schedule. Provide new employees with written, good faith estimates of their schedule, including dates, times, and locations, for the duration of their employment. Reporting time pay Places like Oregon, New York City, Chicago, Seattle, and Philadelphia have all since participated in this rising regulatory experiment by respectively proposing and implementing their own unique frameworks. Fast on the heels of the $15/hour movement, the cities of San Francisco, Seattle, New York, and now the state of Oregon, have all passed their own predictive scheduling laws. New York City’s fair workweek law (as well as other locations, such as San Francisco) are particularly troubling for employers because of its expansive definition of a “covered employer.” The definition covers temporary staffing agencies and subcontractors, including employers providing janitorial and security services. Enforcement of then new rules will be under the jurisdiction of the Office of Labor Policy and Standards (OLPS), which is housed under the City’s Department of Consumer Affairs (DCA). Chicago is the Latest City to Enact a Predictive Scheduling Law. 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. New Hampshire’s Senate Bill 416, an Act relative to flexible working arrangements in employment, doesn’t have a predictive scheduling law by name. Under the Fair Workweek Law, fast food employers in NYC must give workers good faith estimates of when and how much they will work, predictable work schedules and the opportunity to work newly available shifts before hiring new workers. 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. With that said, California law still sets certain limits regarding scheduling employees as explained below. While New York City’s predictive scheduling laws target retail and fast food employers only, the NYDOL recently issued proposed predictive scheduling regulations that are far more expansive (Link). Oregon is currently the only state with a predictive scheduling law, following the lead of several cities including Seattle, New York City, Philadelphia and Chicago. Restaurant and hospitality employers in the Windy City, take note: Chicago is considering enacting a predictive scheduling law. Your employer must give you your written work schedule at least 14 days before your first shift in the schedule. We appear on their behalf before federal, state and local agencies in matters involving traditional labor relations, wage and hour issues, employment contracts, wrongful discharge, harassment and hostile environment, and employment discrimination claims. Step 2: Train any employee who deals with scheduling. Employee Scheduling Regulations. Hours: 8:30 am - 5:00 pm ET. 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. Employers should be on the lookout as this is a legislative trend that is in no way limited to New York. New York City Predictive Scheduling Law New York City’s Fair Workweek laws, which went into effect on November 26, 2017, curtail retailers’ flexibility in scheduling employees’ shifts. Insurance The Bill, passed by the New York City Council’s Committee on Civil Service and Labor, will implement predictive scheduling for fast food employees. View further details of the law. New York City recently joined the predictive scheduling trend by passing a law, effective November 26, 2017, that will implement predictive scheduling for non-salaried fast food and retail employees. New York City. The law is part of the “Fair Workplace” legislative package and requires employers to post employee schedules at least two weeks in advance. Retail employers with 20 or more employees will be required to do the following: Fast food establishments that are part of a chain (30+ stores nationally, whether franchised or not) are subject to different rules. Many employers will need to make drastic changes to the way they formulate and distribute schedules. San Francisco became the first U.S. city to require large chains to provide predictable schedules to their workers and janitorial and security services. 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. Whether retail businesses violate this law will boil down to whether the employees who are responsible for scheduling understand and implement the law. This law, and others proposed since 2016 have not become law. Predictive scheduling; Restrictions on "clopens" City: New York City, NY. Business HR Services While we have explained what is and what may be, no doubt employers’ heads are spinning. By Derek Jones – Contributing Writer, Dec 5, 2017, 3:30pm EST. employees could not sue for violations of the law). Philadelphia Mayor Jim Kenney signed the Fair Workweek Employment Standards Ordinance on Dec. 20, 2018. Starting today, workers will now be able to gain more control over their own lives and their ability to earn a living; they can plan childcare, plan their classes, get a needed second job, and help their elderly parents. Blog At present, the current Minimum Wage Order requires an employer to pay an employee four hours of call-in pay if the employee reports to work and is sent home early. Although the proposed rule will not doubt increase costs for employers, the proposed rule does not apply to several categories of employees including: While initially subject to a 45-day comment period, the NYDOL extended the comment period to January 22, 2018. Employees in the hospitality, building service or agriculture industries, Employees whose weekly wages exceed 40 times the applicable basic hourly minimum wage rate, such as highly compensated employees, Employees who are subject to a collective bargaining agreement that covers call-in pay, Exempt, executive, administrative and professional employees. Pay a “schedule change premium” of $10 to $75 if schedule changes are made on short notice; the greater the notice, the lesser the premium. The New York City predictive scheduling law went into effect on November 26, 2017. Over the past five years, the United States has seen a wave of new laws aimed at providing employees with more predictable work schedules. Let’s go a step further with identifying exactly what the HR policy should contain. Though a similar measure was defeated last year, new Chicago Mayor Lori Lightfoot in late May reintroduced the proposal with some changes, according to the National Law … The new “predictable scheduling” law, which is set to take effect on November 26, 2017, prohibits “on-call” shifts and otherwise limits employer flexibility in creating work schedules. The most essential requirements for employers can be found below. The New York City predictive scheduling law takes effect on November 26, 2017. Employees have the option of filing a claim either with the New York Department of Consumer Affairs (“DCA”) or directly in court. In New York City for example, the premium amount changes significantly depending on if the shift is changed with less than 14 days’ notice, 7 days’ notice, or less than a day. Likely on the heels of the NYSDOL’s issuance of a final rule, we break down what employers need to know. New York City … Free Newsletter, Location & Hours I know—all blogs have a bullet point recommendation stating that an employer must draft/revise their HR policies. It will require employers to post schedules at least two weeks in advance, and to pay a premium if the schedule … Contact the Mayor’s Office of Labor to ask questions, file a complaint, or request compliance assistance at (215) 686-0802. The policy should also identify how an employee will be sent their schedule as consistency is key. The New York City predictive scheduling law takes effect on November 26, 2017. Today, New York City is implementing some of the strongest scheduling protections for retail workers in the country – an outright ban on on-call scheduling. 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. These laws are also commonly referred to as restrictive or advanced scheduling laws. A number of states and cities have passed predictive scheduling laws that mandate how employers can schedule employees. About GTM | Privacy Policy | Terms of Use | © 1998-2020 GTM Payroll Services, Inc. All Rights Reserved. On March 3, 2017, New York became the most recent major city to introduce predictive scheduling legislation. On May 30, 2017, New York City Mayor Bill de Blasio signed legislation regulating employee schedules in the retail industry. The law takes effect on November 26, 2017. On March 3, 2017, New York City became the latest major city to pass Predictive Scheduling legislation. The New York City Council and Mayor Bill de Blasio approved five employee-scheduling laws—related to breaks between shifts, predictable hours, on-call scheduling and … 1396-2016). Additionally, some states have outright prohibited the predictive scheduling law. Nearly every year the California legislature debates some type of predictive scheduling requirement. Clifton Park, NY 12065 Payroll Services Retail employers with 20 or more employees will be required to do the following: Provide employees with a written work schedule at least 72 hours in advance of the first shift on the schedule. Enacted: California, Illinois, New York, Oregon, Pennsylvania, and Washington. Employers Beware: LA County Approved New Ordinance To Allow Employees to Monitor and Report On COVID-19 Workplace Safety Compliance, Change is In the Air - L&E Under The Biden-Harris Administration, Expansion of the California Family Rights Act, It Takes Two: The DOL’s Proposed Rulemaking Regarding FLSA Worker Classification, New York City’s “Fair Workweek” legislation. The key to predictive scheduling is advanced notice. Provide employee schedules at least 2 weeks in advance; 2. But before diving into the proposed NYSDOL draft regulations, let’s recap the New York City predictive scheduling law that recently went into effect. Step 1: You need to draft and distribute a predictive scheduling policy. A number of other states and municipalities have considered similar regulations, and we anticipate that more laws like this will be offered up in state legislatures and in city councils across the nation. 1396-2016) that would implement predictive scheduling for … The proposed rule would revise the “call-in pay” requirements of the Minimum Wage Order for Miscellaneous Industries and Occupations (12 NYCRR Part 142 §§ 142-2.3 and 142-3.3). On the eve of the November 26, 2017 effective date of New York City’s own predictive scheduling regulations that affect retail and fast food employers, 1 the New York State Department of Labor has issued proposed predictive scheduling regulations for certain industries. Keep records of work schedules for the previous three years and provide them upon request. Complete Guide to Human Capital Management, Here’s What Happens When You Hire Your 50th Employee, How to Support Employee Mental Health During the Holidays in 2020, Employee Skills in the Post-pandemic Workplace, This is the Number One Item on Your Employees’ Holiday Wish List, What to Do When an Employee is Diagnosed with COVID-19. Key Components of Predictive Scheduling Policies. Oregon is currently the only state with a predictive scheduling law, following the lead of several cities including Seattle, New York City, Philadelphia and Chicago. Two hours of call-in pay is required when an employee is scheduled for a shift that is scheduled less than 14 days before the start of the shift. The policy should first and foremost identify employee rights under this new law, including their right to file a complaint either with the DCA or in court. 1387-2016 ... New Hampshire’s Senate Bill 416, an Act relative to flexible working arrangements in employment, doesn’t have a predictive scheduling law by name. Schedules must include at least 7 calendar days with dates, shift start and end times, and location(s) of all shifts. New York City. Fast food employers with at least 30 locations nationally and retail employers with at least 20 employees must follow NYC’s Fair Workweek Package. (Int. New York City requires that work schedules be posted … The Bill, passed by the New York City Council’s Committee on Civil Service and Labor, will implement predictive scheduling for fast food employees. ACA Reporting Solutions, Resource Center The proposed rule would apply to all industries and occupations that are not exempt from the minimum wage law, and that are not covered by a separate minimum wage order. Most significantly, the New York City predictive scheduling law establishes a private right of action for employees seeking to enforce their rights. Predictive scheduling laws are gaining traction on a national level, too. The laws require “retail businesses” (entities with 20 or more employees who are engaged primarily in the sale . If you have employees on either coast, predictive scheduling laws are likely coming to a major city or state near you. In addition, the policy should identify the process for requesting prior schedules (does the request go to HR or the store manager?) Subcontractors in those industries also generally qualify under the laws. What are predictive scheduling laws? Print . On March 1, 2019, the New York State Department of Labor announced its withdrawal of proposed predictive scheduling regulations, which comes as a relief to businesses state-wide. July 26, 2019. They must do the following: Employers in New York City should begin to plan for this law to take effect. ... New York City Styles Hair Discrimination. In November 2014, San Francisco became the first U.S. city to pass predictive scheduling legislation. We recommend, however, that employers do the math prior to deciding to just take the financial hit. The law takes effect on November 26, 2017. Ok, We Get the Law but How Do We Implement This in Real Life? Currently, Oregon has the only statewide predictive-scheduling law. Time and Attendance Oregon is currently the only state with a predictive scheduling law, following the lead of several cities including Seattle, New York City, Philadelphia and Chicago. Predictive scheduling meets flexible scheduling in Vermont. Although the law is clearly intended to reduce last minute schedule changes by imposing penalties and premium pay, some employers may find that they would rather pay the penalty or premium to have the convenience of scheduling “clopening” shifts or making last minute changes. These predictive scheduling laws are meant to provide stability to individuals so that they can attend to their child care, … Predictive scheduling laws are laws that require employers to post employees’ work schedules a certain amount of time in advance and penalize employers for last minute changes to schedules. Prohibited: Arkansas, Georgia, Iowa, and Tennessee. For hours actually worked, employers must pay an employee his or her regular rate or overtime rate of pay, minus any allowances. Make no changes to the employee schedule with less than seven days notice; changes made past that deadline … In addition to New York City, franchisors and franchisees in … No. Kelley Drye’s Labor and Employment attorneys have represented the interests of employers for more than 60 years. 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. The legislation prohibits retail employers from implementing “on-call scheduling” within 72 hours of the shift. Pay employees an extra $100 for “clopening” shifts (a closing shift followed by an opening shift) that are less than 11 hours apart. Work schedules must be given to employees days or weeks before their shifts begin. Therefore, in the scenario where an employee is expected to be on call but never gets called in, an employee would receive four hours at the basic minimum hourly rate. A coalition of restaurant groups have filed a legal challenge of New York City’s model advance-scheduling law, arguing in a complaint filed with the state’s supreme court that the measure has illegally cost quick-service operators hundreds of thousands of … The ordinance will become effective on Jan. 1, 2020. 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