For example, the NYC Fair Workweek Law prohibits certain retail employers from requiring employees to work on-call, while the proposed regulations merely impose a penalty for such. The new predictive scheduling law requires certain industry employers to provide employees advanced notice of work schedules. 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). Fair workweek laws, also known as “predictive scheduling laws,” are relatively new phenomena throughout the United States. Individuals who do not meet the regulations’ definition of “employee” remain excluded from the predictive scheduling requirement. These laws … In doing so, employers should also carefully analyze the exceptions. Using an automated solution takes the time and stress out of predictive scheduling for both you and your managers. While this is still a newer law, it will continue to be refined into 2022. New York City’s law will take effect November 2017.San Francisco employers must: 1. New Hampshire’s Senate Bill 416, an Act relative to flexible working arrangements in employment, doesn’t have a predictive scheduling law by name. Workers should immediately contact OLPS about retaliation. Members can get help with HR questions via phone, chat or email. DCA’s OLPS enforces NYC’s Fair Workweek Law, which took effect on November 26, 2017. But the bill, passed in the 2016 session, does require employers to consider employee requests for more flexible schedules. If the schedule changes, your employer must contact all affected workers within 24 hours, or as soon as possible. ​Find news & resources on specialized workplace topics. Let SHRM Education guide your way. There is no deadline for the NYSDOL to issue final regulations, but it is expected that they will be issued in early 2019. Covered employers should begin a thorough review of their policies on compensation and staffing to determine the impact the proposed regulations may have on scheduling policies and the potential additional costs that might result from the regulations, both in increased payments to workers and costs of administration. Please contact us for compliance assistance with workplace requirements. Proposed regulations were issued in response to concerns that certain practices (i.e., shift cancellations, unscheduled shifts, and on-call responsibilities) create difficulty for employees with childcare, school, and family commitments, or employees who are juggling multiple jobs. Opponents of predictable-scheduling laws, however, argue that such laws limit flexibility by, for example, making it harder for employers to find someone to cover a shift for a worker who needs to take time off with little notice. These include an exception for workers who earn more than 40 times the minimum wage (e.g., $600 a week for those employed by “large” employers in New York City) and an exception relating to work impacted by weather. State Trial Judge Arthur Engoron dismissed a lawsuit on Feb. 18, finding that the city's scheduling regulation isn't pre-empted by state law. Ultimately, fair work schedule laws help reduce staff turnover and create happy, loyal customers. "Consistent and predictable schedules make life better for all of us, and we are pleased the court has upheld this critically important city law," said New York City Corporation Counsel James Johnson. Thus, employers no longer will be permitted to instruct employees not to come to work because business is slow or they are overstaffed without additional pay to employees. The law covers workers regardless of immigration status. Note: Employers cannot punish, penalize, retaliate, or take any action against employees that might stop or deter them from exercising their rights under the law. Thus, employers no longer will be permitted to require employees to work additional shifts without 14 days’ advanced notice without additional pay. Employers must post the employee schedule in advance, somewhere between 7 … Employees whose duties are directly dependent on weather conditions, whose duties are necessary to protect the health or safety of the public or any person, or whose assignment are subject to work orders or work order cancellations also are excluded from the new requirements (other than the new version of the preexisting Show-Up Pay requirement). Fast-food and retail employers in New York City must comply with both the city's predictable-scheduling law and the state's wage and hour laws, according to a recent court ruling. New York law already requires four hours of pay at the minimum wage for those who report to work, but not if the employee’s regular rates are sufficiently above the minimum wage so that the amount earned by the employee in excess of the minimum wage is more than the show-up pay required. San Francisco was the first to enact scheduling regulations with its Formula Retail Employee Rights Ordinance in 2014. How to Address Predictable Scheduling Laws. Employers often blend the two approaches by creating policies with some "universal" provisions and limiting the most burdensome practices to specific regions, she added. Predictive Scheduling. The most essential requirements for employers can be found below. Under the proposed regulations, if an employee reports to work and is sent home, the employer must pay the non-exempt employee at least four hours (at the minimum wage), unless the employee is scheduled to work less than four hours, in which case, the employer must pay the employee for the number of hours the employee is scheduled to work. Sen. Elizabeth Warren, D-Mass., and Rep. Rosa DeLauro, D-Conn., introduced the legislation in October 2019. ©2020 Jackson Lewis P.C. Secure Scheduling COVID-19 Q & A. } San Francisco was the first city to pass a comprehensive predictable-scheduling law in 2015, and cities such as Chicago, New York City, Philadelphia and Seattle followed. To learn more about our time and attendance solutions - or just to speak with an expert - click the link below. "We're exploring all options for next steps," said Angelo Amador, executive director of the Restaurant Law Center in Washington, D.C. "We'll make a decision before the next deadline.". The regulations do not expressly discuss the impact of these state regulations on already-implemented laws also governing predictive scheduling such as the NYC Fair Workweek Law. We've rounded up articles and resources from SHRM Online and other trusted media outlets on predictable scheduling laws. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Law applies to fast-food and retail workers. Members may download one copy of our sample forms and templates for your personal use within your organization. Try some practice questions! For more information, visit https://www.jacksonlewis.com. Join hundreds of workplace leaders in Washington, D.C. and virtually March 22-24, 2021. This blog focuses on the provisions for retail workers. Predictive scheduling is when the employer provides their employees with their work schedule well in advance. What Employers Can Do If Workers Refuse a COVID-19 Vaccination, Biden Plans to Ban Noncompete, No-Poaching Clauses, Employers Sued for Rejecting Hearing-Impaired Job Applicants. While many laws only apply to certain employers in the restaurant and retail industries, other laws have a more expansive definition of “covered employer.” The problem is that restaurant managers must consider dozens of variables when they develop a shift schedule. $('.container-footer').first().hide(); Qualifying employers in regions with Predictive Scheduling laws will want to take a look at their scheduling practices. The NYSDOL issued its first round of proposed regulations more than a year ago, following Governor Andrew Cuomo’s direction in September 2017 to hold public hearings on employee scheduling laws. }); if($('.container-footer').length > 1){ But Engoron disagreed. Your session has expired. The proposed Schedules That Work Act—which has not passed in prior legislative sessions—would require employers to provide retail, food service and cleaning service employees with their schedules in advance and to pay premiums when schedules are changed, when employees report to work but are sent home, and when they work back-to-back shifts. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients' goals to emphasize inclusivity and respect for the contribution of every employee. The proposed regulations amend the wage order covering miscellaneous industries and occupations (which encompasses most employers other than restaurants and hotels and includes non-profit entities that have not opted out of wage order coverage). Predictive work schedule laws—also known as ‘Fair Workweek’ regulations—promote fairer scheduling practices, require that companies give employees sufficient notice of work schedules and enforce penalties for late schedule changes. Covered employers in the Big Apple, therefore, must continue to ensure that their policies and practices align with employee-scheduling rules outlined in the 2017 Fair Workweek Law. Predictive scheduling lets restaurant workers enjoy a better work/life balance, which in turn makes them happier, more productive employees. Following a series of public hearings in late 2017, the Department of Labor issued proposed regulations to address what is commonly identified as "just-in-time," "call-in" or "on-call" scheduling. You have successfully saved this page as a bookmark. The key to predictive scheduling is advanced notice. The bill would also require certain businesses to engage in an interactive dialog with workers who request schedule, assignment and work location changes. On December 12, 2018, the NYSDOL issued a revised proposed rule containing numerous revisions based on feedback from the … "If more cities and states pass predictive scheduling measures, employers will have to either tailor policies to geographic regions or adopt a universal policy by selecting the most restrictive requirements," said Courtney Blanchard, an attorney with Nilan Johnson Lewis in Minneapolis. The city's predictable-scheduling law "does not prohibit what the state allows and does not allow what the state prohibits, and employers can comply with both," he said. Predictive scheduling laws reduce uncertainty and are beneficial to restaurant employers as well as workers — happy employees mean happy customers. Jackson Lewis attorneys are available to review employer policies in detail. What If FFCRA Expires at the End of the Year? This material is provided for informational purposes only. The laws apply to employers in the fast-food and retail industries, so employers in the Big Apple need to check whether they fall within the "retail" and "fast food" definitions under these laws. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. Under the proposed regulations, if employees are required to work a shift that has not been scheduled at least 14 days in advance of the shift, the employee will be entitled to an additional two hours of call-in pay at the minimum wage. Please log in as a SHRM member. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. This material may be considered attorney advertising in some jurisdictions. Your employer must give you your written work schedule at least 14 days before your first shift in the schedule. Please log in as a SHRM member before saving bookmarks. Exclusions include the following: The proposed regulations also have a new “safe harbor” provision not contained in the original proposed regulations that allows an employer to assign an employee to cover a shift without additional call-in pay for an “unscheduled shift” if employer provides a good faith estimate of scheduled hours to employees upon hiring and if: (1) the request to cover the new or previously scheduled shift is either made by the employee whose shift would be covered; or (2) is made by the employer in a written communication to a group of employees requesting a volunteer from among the group and identifying a reasonable deadline for responses. Recipients should consult with counsel before taking any actions based on the information contained within this material. "This city regulation takes nothing away from what the state government has done.". While not a law in California, other states and local cities have passed scheduling mandates that require employers to set schedules for employees well in advance, and if the employer changes the schedules within a certain time frame, the employer must pay a penalty for the change. 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 more—which took effect on Nov. 26, 2017. Will the business groups that opposed the law appeal the decision? 2021 Programs Now Available! It also requires employers in these industries to give employees predictability pay for specified schedule changes. Given the recent rise in popularity of these laws, it is important for employers to understand what these laws are, where they are most likely to encounter them, and what steps they can take to make sure they're abreast of the most up-to-date compliance strategies. These laws typically require employers to: Give good faith estimations of likely hours on hiring Currently, predictive scheduling ordinances say employers must schedule workers 10 days in advance – a timeframe that will increase to 14 days in 2022. Please enable scripts and reload this page. 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. The New York City predictive scheduling law takes effect on November 26, 2017. Employers do not provide non-exempt employees 14 days’ advance notice of their work shift; Employers cancel employee shifts without at least 14 days’ advance notice; Employers require employees to work “on-call”; or. Judge Upholds New York City’s Predictable-Scheduling Law. But restaurants must … Moreover, in some instances, there are conflicting terms. Make no changes to the employee schedule with less than seven days notice; changes made past that deadline … The International Franchise Association, New York State Restaurant Association, and the Restaurant Law Center argued that New York City's law is pre-empted by state laws on employee scheduling and wage payments. $("span.current-site").html("SHRM MENA "); Employees whose shifts are canceled without at least 14 days’ notice must be paid two hours of “call-in pay” at the minimum wage. $("span.current-site").html("SHRM China "); In the Governor’s press release first announcing the need for regulations, for example, the Governor stated that some employers treat employees like “integers in an algorithm, allowing employers to adjust staffing levels in real time, calling workers in to meet unexpected customer demand, and sending them home early when store traffic is light.”. The time and attendance solutions - or just to speak with an expert click... 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