This post was written by Candace Chewning, Outreach and Communications Director for the Office of Benefits and Wage Compliance. 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. 828 in 2017. According to research released by Harvard Business Review, FWW predictable scheduling increased profits by 7 percent and labor productivity increased by 5 percent. Resources connected to this law are now available. The first step to preparing for predictive scheduling laws is to figure out if they apply to your business. Share on LinkedIn . 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. However, the predictability’s reach continues to grow. Consult a lawyer for advice on how to comply with any regulations in your municipality and get advice on if you could be impacted.If the laws do in fact apply to your business, it’s important to ensure your policies are up to date and in sync with the mandates. Google Plus One . From an employer’s perspective, predictable scheduling laws tend to: The multijurisdictional nature of scheduling regulation results in a patchwork of compliance obligations rather than a consistent overarching law. 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. Predictable schedule laws are the latest manifestation of that trend. Predictive scheduling laws protect workers from last minute scheduling changes that could negatively impact their income. Michael L. Stevens. Predictable Scheduling Laws Advance In Chicago And Springfield. “Predictive scheduling laws give hourly employees fair opportunities and the ability to achieve an unprecedented work-life balance,” says Steven Power, global president of Deputy. Predictive scheduling laws are specifically targeted to businesses in industries where on-call scheduling, hourly employees and minimum wage employees are most common. The first flexible scheduling law was San Francisco’s Family Friendly Workplace Ordinance (enacted in 2013). 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. 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. Beginning July 1, 2022, employers must post the work schedule no later than 14 days before the first day of any new work schedule. They often also create mandatory rest periods between shifts. Although there have been lobbying efforts for this type of legislation, no federal bill has been passed. Depending on the size of the employer, the Philadelphia Fair Workweek law requires employers to provide workers with a predictable schedule. Written examples of good faith estimates. FWW regulations are currently open for comments from October 4, 2019 to November 4, 2019. Secure scheduling laws restrict employee work days to a maximum amount. Flexible scheduling laws create a legally protected right for employees to seek accommodations and changes in their schedules. 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. 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. 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. In Philadelphia, the law covers fast food workers and certain service, retail, and hospitality workers. Various questions from attendees centered on who is covered by the specific scheduling laws. “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. 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. April 1, 2020, is when the Philadelphia Fair Workweek law goes into effect. Generally, regulations provide more specific details by outlining either additional rules or a process on how the law should be followed. The effect of these laws on restaurants has been so much that in December of 2018, the … 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. Early predictive scheduling laws only applied to retail establishments and restaurants, with limited penalties and no private right of action (i.e. Fair scheduling laws – sometimes referred to as “predictive” or “predictable” scheduling – are popping up in city councils and state legislatures across the nation. Once posted, however, employers are … 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. 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. This is especially necessary for workers with family and other ongoing commitments. Workplace flexibility has been a trending concept in HR for some time now. Many employers and workers are fans of the concept because it does not tackle the question of if work gets done, but when and how. What are regulations, and why do we need them? However, the law may need more clarity. Fair Workweek working group: Stakeholders at the table. 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. 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. 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. Specific regulations were developed based on the coordinated effort of all parties involved at stakeholder meetings. Workers and employers can contact the Mayor’s Office of Labor at 215-686-0802 or fairworkweek@phila.gov with any questions. Like on Facebook . 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. 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. Earlier this month, Chicago City Council’s Workforce Development Committee advanced the cause for predictable scheduling by introducing the “Fair Workweek Ordinance”. 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” … What is “clopening”? Increase likelihood of threats of administrative penalties or court claims; and. Kate Brown signed S.B. “Clopening” is the scheduling practice of requiring employees who close the business at night to return and reopen in the morning. Predictive scheduling will be challenging for small businesses to comply, as such, being able to offer a point of view was important. Every law passed is different, and the categories of workers they cover can vary in each location. Predictable scheduling and fair workweek laws. Once a law is passed, it is the authority on what rules must be followed. Allowing for flexibility on parts of the ordinance during the first month of operations after opening a new location. Fair Workweek regulations: Stakeholders at the table make a difference. According to. “Philadelphia’s Fair Workweek Ordinance will bring stability to over 100,000 service industry workers. This restricts employers from a practice commonly called Clopening. ... 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. A total of 15 stakeholders came together every month from April through August 2019 and coordinated offline in between meetings. Please note that newer browser versions will not need an extension. 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