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Predictive scheduling is the practice of providing workers with advance notice of their work schedules so that they may organize their lives around them. Predictive scheduling regulations were first limited to employees in certain areas, such as restaurants and retail.
However, as time has progressed and new work schedule rules have been implemented, more industries have been covered in these laws. Employers may incur fines if they fail to comply with these regulations, so it’s critical to understand them.
Only a few states now have rules governing predictive scheduling.
Federal Laws and Regulations
Despite the fact that there is no federal legislation mandating companies to provide workers advance notice of their work schedules, predictive scheduling is growing increasingly common. Businesses of all sizes should be prepared to comply with any federal regulation requiring them to provide workers with at least one week’s notice of their work schedule. Companies may prevent the headaches of fast change and significant expenditures by starting this process today.
Recently in the news:
The Schedules That Work Act was recently presented in Congress, and it would enable workers to “request modifications to their work schedule without fear of punishment” and ensure that employers take these suggestions into account.
Regulations of the State
Only one state, Oregon, now has comprehensive state predictive scheduling laws that apply to all cities. Additionally, workers in Vermont and New Hampshire are subject to strict laws on flexible working hours.
Oregon
Employers in the retail, hotel and foodservice sectors with at least 500 workers are affected by Oregon’s predictive scheduling statute. However, only workers with principal responsibilities in retail, hotel or food services are included; other employees and salaried employees who are exempt from the minimum wage are not. Even if your business is in the retail, hotel, or food service industries, not all of your workers may be covered by this regulation.
Estimate in Good Faith
When managing current employees and upon hiring a new employee, if an employee is subject to Oregon’s law, the employer must provide an Estimate in Good Faith of the employee’s work schedule that includes average monthly hours and an explanation of an on-call or standby list, if the employer uses one. Employers are not required to use a standby list, but if they do, they must make sure their employees understand the list is voluntary. Once employees join the list, they may remove themselves from it at any time without penalty.
Employers must do the following on a regular basis:
- Employees should be given at least two weeks’ notice of their shifts.
- Post the work schedule in a prominent and easily accessible position where all workers may see it.
- Make a schedule that includes all work and on-call shifts.
Rest Periods are Required
The Oregon law provides for Rest Periods that are Required between shifts. Employees are entitled to rest during the first 10 hours following the end of a previous calendar day’s work, or the first 10 hours following the end of a work shift that spanned two calendar days. Eligible employees must be compensated at one and a half times their regular hourly rate for each hour the employee works during what would otherwise be a 10-hour rest period.
Changes in the Schedule
An employee in Oregon has the right to refuse an employer’s request for a change in work schedule once notice has been provided. Additionally, any modification to an already posted work schedule requested by the employer would result in extra remuneration for the impacted workers.
Minimum Wage Requirements
An employee must be paid for the time worked plus one hour at their usual rate of pay under Oregon’s predictive scheduling statute if the employer:
- Increases an employee’s current shift by at least half an hour.
- Changes the date or the start and finish timings of a shift while keeping the number of hours the same.
- Adds extra shifts to an employee’s schedule.
Each planned hour must additionally be rewarded at 50% of the employee’s usual rate of pay if the employer:
- Subtracts the number of hours worked from the current shift.
- Changes a shift to make the employee’s hours shorter.
- Completely cancels a shift.
- There is no on-call personnel employed.
Vermont
Vermont does not have a full-fledged predictive scheduling statute in place, but it does have a flexible working arrangement law. Employees have the right to request a flexible work schedule, and employers must discuss and evaluate these requests in good faith at least twice a year, according to this regulation.
A flexible timetable might contain the following:
- Changes in the number of working days
- Changes in the amount of time spent at work
- Changes in the employee’s arrival time at work
- Changes in the employee’s departure time
- You can work from home.
- Sharing of responsibilities
This legislation simply serves as a starting point for debate. It has no effect on workers’ and employers’ legal rights to establish, terminate, or amend flexible work arrangements.
New Hampshire
New Hampshire has also adopted a flexible working arrangement law that strictly prohibits employers from retaliating against employees who request a flexible work schedule. This does not mean that the employer must abide by the schedule change request—it’s quite the opposite, as an employer can deny the request. However, it does protect both the employer and employee from adverse reactions to these requests.
Local Rules and Regulations
Predictive scheduling regulations exist in several states, but only in select towns and municipalities. The rules are similar for each, but there are significant differences to be aware of if your company works in various regions.
Berkeley, California
Review the city’s Fair Workweek Ordinance for further information on Berkeley’s predictive scheduling regulation.
Emeryville
Review the city’s Fair Workweek Ordinance for additional information on Emeryville’s predictive scheduling ordinance.
San Francisco
Review the Formula Retail Employee Rights Ordinances for more information on the San Francisco ordinance.
San Jose
Review the city’s Fair Workweek Ordinance for further information on the San Jose predictive scheduling ordinance.
Chicago
Check out the city’s Fair Workweek Ordinance for more information on the Chicago ordinance.
New York City
For further information, see the New York City Administrative Code’s Fair Work Practices.
Philadelphia
For additional details, see Philadelphia’s Fair Workweek Employment Standards.
Seattle
Review the Seattle Secure Scheduling Ordinance to learn more about the legislation in Seattle.
If your municipality passes a work schedule legislation, you may anticipate the following:
- Every employee must be given notice of their work schedule in advance, generally one to two weeks ahead of time.
- Companies must present workers with an estimate of their work schedule when they are hired.
- Opening and close-in-time work shifts are prohibited.
- Documents such as authorized work schedules and work schedule estimations should be kept.
Predictability pay—a penalty on the employer (one to four hours extra pay) for altering an employee’s schedule within a particular time, generally less than one week before their shift—is becoming more common under these regulations. The amount paid will vary based on where your business is situated and how much notice you give the employee of the move.
Compliance with the Predictive Scheduling Law
Predictive scheduling regulations create distinct issues, particularly for bigger businesses. Businesses having several sites in various cities or states may be subject to varying work schedule rules. This causes uncertainty and raises the risk of an unintentional yet expensive infringement.
If you work in a region where predictive scheduling regulations apply, here are some crucial actions you can take.
Step 1:
Determine whether or not your firm is protected. The first step is to ascertain whether or not your business is covered by the work schedule legislation. A protected employer will be defined under every employment legislation. Some work schedule restrictions solely apply to restaurants and retail establishments, while others cover a wider range of industries. The rule may not apply to you if your industry is not included.
Step 2:
Create policies. If your business is a covered employer, you need to create policies to adhere to the new law. You may want to create template forms for advanced scheduling and scheduling changes. On these forms, you will want to make sure there is a reminder to employees and managers of the potential ramifications of making changes in the Schedule.
Step 3:
Hold a training session. You should make sure that managers who schedule personnel have thorough training on the predictive scheduling regulations in your area. They will be in charge of scheduling staff and making modifications, therefore they must understand their legal obligations.
Step 4:
Conduct a process audit. Once you’ve developed your procedures, you’ll want to audit them on a regular basis across all of your sites. This will assist your organization in remaining compliant. Regular audits can also help you identify areas for improvement, enabling you to make adjustments when labor regulations change.
Step 5:
Examine any applicable regulations. Laws governing predictive scheduling do not exist in a vacuum. Implementing new procedures to comply with the legislation may conflict with previous recruiting and disciplinary procedures. A labor code violation might occur from neglecting to designate predictability pay on an employee’s wage statement, for example. This incursion may force you to reconsider and change your policy.
Step 6:
Automate your timetables. Everything does not have to be done manually. Your organization may automate your employees’ schedules using employee scheduling software like Homebase, assuring compliance with your area’s predictive scheduling rules.
The Advantages of Predictive Scheduling for Your Business
Predictive scheduling helps both companies and workers by allowing employers and employees to precisely establish work schedules, stay compliant with the law, and have a full crew.
- Employer Benefits: While it may seem that there are no advantages for companies, consider the broader picture. Employees that are pleased are more engaged and productive. Employees who have a better understanding of their schedule are less stressed and concerned about when they’ll be working and if they’ll get enough hours. Employees that are less stressed are better able to concentrate on their duties and are more loyal to their employers, resulting in lower turnover and expenses for the company.
- Employee Benefits: For many years, workers working in retail and restaurants have complained about their employer’s inconsistent hours and not knowing when or how much they would be scheduled to work in any given week.
Employees profit from work schedule laws in a straightforward way. Employees must be aware of their schedules well in advance so that they may organize social events and take care of other obligations. If an employer breaks the law and makes a schedule adjustment, the employee may be entitled to extra compensation.
Conclusion
Even if your municipality has not yet enacted a predictive scheduling rule, you may prepare your organization by deploying staff scheduling software that will ensure compliance when the time comes. Meanwhile, not having to regularly review and adjust timetables saves you time and stress. We propose Homebase software to help you book your personnel ahead of time and stay compliant with any predictive scheduling rules.
These laws may seem to be onerous on the surface. Finally, your business may get more advantages than you know. Your company can prosper in every setting, from employee engagement to decreased turnover and more efficiency.
Frequently Asked Questions
What is predictable scheduling?
Predictive scheduling is a way to schedule jobs in advance so that they can be executed at certain points of the day.
How far ahead should you know your work schedule?
This is an impossible question to answer. There are too many different factors that determine this, such as what you do and how much time it takes to get through your daily tasks. The best advice I can give you on the matter of knowing when your schedule ahead would be is just a general idea of what day things typically occur during the weekdays.
