Nevertheless, employers throughout the nation should pay attention to the issue. But given the trend toward predictive scheduling … Under the STWA, workers would have the right to more flexible or predictable schedules, more or fewer work hours, and minimal fluctuations in scheduling. These predictable scheduling laws tend to share several commonalities: Advance notice to employees of work schedules. 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. 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. As a result, four cities and one state in the U.S. have passed predictive scheduling laws that make scheduling practices fairer for workers. 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. Moving to predictive scheduling can be arduous for employers, particularly if their managers and/or scheduling software isn’t immediately up to the task. 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. On the other hand, four states—Arkansas, Georgia, Iowa and Tennessee—have passed legislation prohibiting their cities from passing predictive scheduling legislation. And what has caused more change than the coronavirus pandemic? All are targeted to the retail and food service/fast food industries: 1. © 2020 BLR®—Business and Legal Resources 100 Winners Circle, Suite 300, Brentwood, TN 37027 800-727-5257 All rights reserved. Additionally, some states have outright prohibited the predictive scheduling law. management services behind your company, you can better monitor the efficiency and effectiveness of your workforce overall. If it’s less than 14 days notice, you could be in violation of 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. 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. 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. Updated Daily. HR News Makes it easy for managers to create and edit schedules, while giving workers online 24/7 access to schedules. Predictive scheduling supporters say the system has many benefits. During the pilot period, productivity rose by an impressive 5% and median sales rose by 7%. Predictive scheduling could reduce both problems. 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 Prior to that, employers need to provide a 7-day schedule to employees. Jessica Bowes was a summer associate with Foulston Siefkin LLP. For employers that operate on thin margins, predictive scheduling could be an effective workforce management tool, not just another law to comply with. Due to COVID-19, many organizations have had to go into crisis mode to react swiftly with the changing atmosphere that took form. See resources. As an HR professional, you are sympathetic, enthusiastic, and care deeply about the people at your organization. Give them plenty of lead time, as well as training, to adapt to the new routine. 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. Currently, Oregon is the only state with a law in place, and it applies to employers in the retail, hospitality and fast food industries. Due to COVID-19, the need for digitizing hiring to enable remote work is even greater. 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. For example, our software: EPAY scheduling software was designed for the hourly workforce that is hard to track and manage. 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. Allows workers to bid on open shifts and swap schedules—a proven employee pleaser. Reliability also helps stabilize income so workers can budget effectively. 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. Employers are expected to keep detailed records of all scheduling-related activities in case of audit. 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. The following cities also have predictive scheduling laws on the books. Chicago’s fair workweek law goes into effect on July 1, 2020. Over the past few years, New York City, Seattle, San Francisco, and Oregon have enacted laws requiring predictive scheduling in certain industries. 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 … 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. The stress and worry of last-minute scheduling can drain productivity and increase turnover. Allows managers to calculate actual labor costs for each proposed schedule, thanks to a built-in budget calculator. Predictive Scheduling: Generally, predictive scheduling laws require employers to post work schedules between 7 to 14 days in advance of the first scheduled shift. Compliance Save time managing benefit plans for your employees while minimizing compliance risks with the help of our online benefits administration software. The following cities also have predictive scheduling laws on the books. Seattle’s Secure Scheduling Ordinance and Emeryville and California’s Fair Workweek Ordinances took effect July of this year. 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. Watch Out for Predictive Scheduling Laws. Currently, Oregon is the only state with a law in place, and it applies to employers in the retail, hospitality and fast food industries. It should generate detailed documentation, allowing you to periodically audit your performance and demonstrate compliance if necessary. If you have questions, feel free to contact the firm’s employment attorneys at 316-267-6371. 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 Predictive scheduling protect employee, but employers struggle with the lack of flexibility. The results were so compelling, Gap rolled out the practice at all of its stores as soon as the study concluded. Predictive scheduling is also an emerging legal requirement. 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. Make no changes to the employee schedule with less than seven days notice; changes made past that … A pair of new laws take effect in 2020, and if you manage an hourly workforce, it’s important to know what they are. Continue reading. While this offers clear benefits to workers, it presents challenges to employers in fast-moving environments. EPAY’s cloud based time and attendance tracking system adapts to the most complex labor environments, keeping To learn how it works, start here. 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. Dec 8, 2020. Don’t settle for a rigid employee time tracking system that doesn’t fit the way you work. New York City’s law will take effect November 2017.San Francisco employers must: 1. Do you know how you would rise to meet this challenge…or if it makes sense to get out in front of it? These laws generally have exceptions for acts of God and employee-requested shift-switching. 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. Focus on what’s strategically important to your business—your employees. Proponents also argue both employees and businesses could benefit from the laws. 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 … What’s the “good faith estimate” of hours to new hires? 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.. 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. The Ordinance goes into effect on July 1, 2020. 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. In addition to providing schedules in advance, there are other obligations for employers under the Chicago Fair Workweek ordinance. Other Stuff - Your scheduling software must be able to apply predictive scheduling laws correctly by jurisdiction and make it easy for managers to share schedules with staff. Chicago Predictive Scheduling Law Goes Into Effect July 1, 2020. Predictive scheduling laws require the payment of “predictability pay” for schedule changes and on-call shifts. The Development of Predictive Scheduling Laws. Predictive Scheduling While this is still a newer law, it will continue to be refined into 2022. While these laws are well intended, they do present significant challenges for employers in terms of staffing, costs, document retention and general compliance. Allowing employers to make late changes to schedules can help businesses avoid paying for more workers than they actually need. 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. 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. 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. Typical legislation focuses on workers in large retail and food establishments. 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. A trusted guide. 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. If you operate in certain jurisdictions and industries, that is! Before responding, you should understand your responsibilities under the various discrimination and employee leave laws. Stay Informed! 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. How to Successfully Implement Predictive Scheduling Practices. Or a worker might not be on the original schedule, but the employer later adds her without checking availability. Here are some employee scheduling techniques for unpredictable times. The coronavirus (COVID-19) outbreak is top of mind for HR professionals and employers nationwide. How far in advance do you give your employees their work schedules? Oregon became the first — and so far, only — state to enact a predictive scheduling law in 2017. 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. San Francisco was the first to enact scheduling regulations with its Formula Retail Employee Rights Ordinance in 2014. 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 … 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. Workforce Management California is even considering a bill that would fine employers who don’t give adequate scheduling notice. Chicago and Philadelphia just passed their own laws that went into effect over the last few months. you in control of your workforce and in compliance with labor laws, while reducing your labor costs by up to 5% or more. 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. There is a mix of state-wide laws and local laws. But, predictive scheduling laws can certainly have downsides. In Chicago and Philadelphia, the predictive scheduling rules go into effect this summer. It goes into effective July 1. With advanced notice about schedules, workers can plan for childcare and pursue education and training opportunities that require steady schedules. Rules may also require adequate rest periods between shifts. New York City 3. An employer shall provide a new employee with a written good faith estimate of the employee’s work schedule at the time of hire. Requirements usually include 2 or more weeks of scheduling notice and compensation for last-minute shift changes. Connecticut, Illinois, Maine, Michigan, Minnesota, New Jersey, North Carolina and Rhode Island have previously or are currently considering legislation. Let’s face it: Nobody likes change, but how organizations and leaders approach change will make or break your company. Emeryville, CA 2. Predictive scheduling laws started surfacing several years ago. 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). There are several steps you can take to move toward predictive scheduling, including: Surprisingly, less than half of employers are currently using scheduling software. Hardware and SQL Servers are owned and managed by EPAY Systems. 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. decisions. 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. 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. With EPAY’s benefits administration solutions, you 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. 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. Predictive Scheduling Laws: Remain Compliant with Scheduling Software. 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. 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. Employee scheduling may be harder because of COVID-19, so it's important to get strategic about your team's schedules. 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