That said, there are several other states that are eyeing this type of legislation or that have started the process of introducing their own version of the law at the congressional level. 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. Oregon’s predictive scheduling law goes into effect on July 1, 2018. 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. The new predictive scheduling law requires certain industry employers … Predictable-scheduling laws took effect in 2017 in Seattle and New York City. On September 19, 2016, Seattle became the second local jurisdiction to enact a “predictive scheduling” or “secure scheduling” ordinance that allows the jurisdiction to restrict how retailers and restaurants schedule their employees. Changes within the advance notice period can result in premiums and fines. The most significant and troubling difference between the Seattle ordinance and other predictive scheduling measures is the required interactive process for employee scheduling requests. Some cities, such as San Jose, San Francisco, Seattle, New York City, and Washington, D.C. have also enacted laws related to predictive scheduling, which have added stability and predictability to worker’s income and schedules. Covered Employers. Currently, predictive scheduling ordinances say employers must schedule workers 10 days in advance – a timeframe that will increase to 14 days in 2022. Philadelphia: The City of Brotherly love passed its Predictive Scheduling ordinance in December of 2018 (it’ll come into effect on January 1, 2020) and the law gives employees the right of first refusal to work additional hours. However, this law could also work in your favor as research shows giving hourly employees more work-life flexibility is fundamental to keeping them happier and (hopefully) more engaged. Prohibited: Arkansas, Georgia, Iowa, and Tennessee. Qualifying employers in regions with Predictive Scheduling laws will want to take a look at their scheduling practices. For example, both San Francisco’s and Seattle’s city ordinances require employers to post employee work schedules 14 days in advance. The new law protects businesses that want to use the practice of “on call” or “predictive” scheduling by barring local governments from requiring additional pay for scheduling changes. There are no predictive scheduling requirements in California 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. We previously wrote about Oregon’s predictive scheduling law in August 2017. The bill will go into effect on July 1, 2017. Additionally, some states have outright prohibited the predictive scheduling law. The City of Seattle has passed a bill requiring certain large employers operating within Seattle city limits to give their hourly workers advance notice of their schedules and to pay workers extra for being required to work on call. Yes, the state of Oregon is the first state to pass a predictable scheduling law. Employers are abandoning on-call scheduling as states and cities continue to pass predictive scheduling laws. For managers and restaurant owners who are in charge of employee scheduling, legal compliance may add another layer of complexity to an already arduous task. 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. What are predictive scheduling laws? 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. 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. Since the passage of San Francisco’s predictive scheduling ordinances, San Jose, Seattle, and New York City have passed similar laws of their own. Philadelphia Mayor Jim Kenney signed the Fair Workweek Employment Standards Ordinance on Dec. 20, 2018. Implemented in July 2017, retail and food service companies in Seattle, with 400 employees worldwide, must now post work schedules two weeks in advance and pay employees when the schedule changes. Predictive and/or Fair Scheduling Laws Printed on Sep 11th, 2017 5:09:10 PM 4 Jurisdiction Covered Employees and Industries Scheduling Requirements Notice, Posting & Recordkeeping Prohibitions, Remedies & Enforcement minimum wage law. Stay tuned. Currently, Oregon has the only statewide predictive-scheduling law. Predictive scheduling laws are also commonly called Fair Workweek ordinances. Chicago’s fair workweek law goes into effect on July 1, 2020. Some cities, such as San Jose, San Francisco, Seattle, New York City, and Washington, D.C. have also enacted laws related to predictive scheduling, which have added stability and predictability to worker’s income and schedules. The ordinance will become effective on Jan. 1, 2020. Mayor Ed Murray announced he plans to sign the Secure Scheduling Ordinance. 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. After San Francisco passed its Formula Retail Employee Rights Ordinances in November of 2014, making it the first jurisdiction to impose scheduling requirements on private employers, predictive or fair scheduling laws were considered in various jurisdictions throughout the United States, but failed to take hold. Oregon became the first state to enact such legislation with passage of the Fair Workweek Act in 2017, and it’s … 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. As a result, four cities and one state in the U.S. have passed predictive scheduling laws that make scheduling practices fairer for workers. Seattle Secure Scheduling Ordinance. 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. The Big Three. Some cities, such as San Jose, San Francisco, Seattle, New York City, and Washington, D.C. have also enacted laws related to predictive scheduling, which have added stability and predictability to worker’s income and schedules. There is a mix of state-wide laws and local laws. The state of Oregon was the first to pass a fair workweek law in 2018, and New Jersey may become the second state if a law … Predictive scheduling laws require employers to give employees adequate notice of … In 2014, predictive scheduling first became law in San Francisco and a number of other cities followed suit. Enacted: California, Illinois, New York, Oregon, Pennsylvania, and Washington. 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. In Seattle, managers cutting hours are still required to pay half of the employee’s wages for those hours. Yes, the state of Oregon is the first state to pass a predictable scheduling law. Predictive scheduling laws protect workers from last minute scheduling changes that could negatively impact their income. New York City is the next city with a predictive scheduling law in the works, though its law is focused specifically on the fast food industry. The Details. The effect of this is to protect the practice of “on call” and “predictive” scheduling. • The definition of employees includes “learners.” Ordinance No. 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. They join three other municipalities -- including New York City, San Francisco and Seattle -- that have already implemented predictive scheduling laws. 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. Currently, there are three cities—San Francisco, Seattle, and New York City—whose predictive scheduling legislations set the bar. Yes, the state of Oregon is the first state to pass a predictable scheduling law. Derek Jones, VP or Business Development at Deputy, a workforce automation company, sees a correlation between the drive for predictive scheduling and other employment law advocacy. 16-5-39.01(d). Enter predictive scheduling—a legal step toward minimizing (if not eliminating) the negative repercussions felt both by employees and the businesses that employ them. San Francisco became the first U.S. city to require large chains to provide predictable schedules to their workers and janitorial and security services. In advance of the law’s effective date, BOLI has issued final administrative rules that will govern its administration of the law. On April 25, 2018, the Oregon Bureau of Labor and Industries (BOLI) issued proposed rules implementing Oregon’s predictive scheduling law, Senate Bill 828, which will take effect on July 1, 2018.A link to the proposed rules is available on BOLI’s website.. MunicodeNEXT, the industry's leading search application with over 3,300 codes and growing! 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