From coast to coast, predictive scheduling laws are being implemented in U.S. cities—and one state—that protect hourly employees by requiring a new kind of scheduling practice. 

While legislation varies by jurisdiction, they all have one thing in common: employees must be given advance notice of schedules so they can better plan their lives around their shifts. 

There are many predictive scheduling laws in place today, including Oregon, San Francisco, and other jurisdictions, and many more will be implemented in 2020. Let’s take a look at what’s changing and where. 

Oregon

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. 

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 law also requires employers to provide a good faith estimate of hours upon hiring and a rest period of at least 10 hours between shifts (or time-and-a-half pay if the employee agrees to forgo the rest period).

View further details of the law here

Chicago

Starting July 1, 2020, Chicago’s Fair Workweek Ordinance will take effect for businesses with at least 100 employees, nonprofit organizations with more than 250 employees, and restaurants with at least 30 locations and 250 employees. 

The ordinance pertains to healthcare providers, hotels and manufacturers, building services, and retail and food service businesses. Employers within these industries must post schedules for employees who earn less than or equal to $26.00 per hour or less than $50,000 a year 10 days in advance. The notice requirement will be increased to 14 days on July 1, 2022. 

If an employer changes the schedule after the schedule has been posted without the consent of the affected employee, they must pay the employee an extra hour of Predictability Pay (which equals the employee’s regular pay rate) for each altered shift. 

Employees may also refuse to work a shift that starts less than 10 hours after a previous shift, and if they do work a shift that starts in this manner, they must receive 1.25 times their regular pay rate. 

View further details of the law here

Philadelphia 

Employers with at least 250 employees and 30 locations must post schedules 10 days in advance as of April 1, 2020, and 14 days in advance on Jan. 1, 2021. If the schedule is changed after the advance notice is given (less than 10 days before the schedule), affected employees must be paid one hour of predictability pay. 

Employees must also be given a nine-hour rest period in between shifts, or be paid $40 for shifts worked within the rest period. 

View further details of the law here

Aside from the new laws being implemented in 2020, the following cities already have predictive scheduling laws in place: San Francisco, Emeryville, New York City, and Seattle. 

If you’re a business owner in one of these cities (or a location that will implement a 2020 law), it’s important to make sure you stay compliant. Using an automated solution such as Homebase’s Scheduling App will take the difficulty out of avoiding fines and lawsuits. Consider saying goodbye to spreadsheets and hello to smarter schedules and happier employees today.

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