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. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item. The New York City predictive scheduling law takes effect on November 26, 2017. 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. Law applies to fast-food and retail workers. This can … Please log in as a SHRM member. Predictive scheduling laws reduce uncertainty and are beneficial to restaurant employers as well as workers — happy employees mean happy customers. 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). The proposed regulations on predictive scheduling will require employers, among other things, to provide “call-in pay” (ranging from two to four hours at the minimum wage) if: The proposed regulations provide several exceptions to some or all of its requirements. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { 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. Recipients should consult with counsel before taking any actions based on the information contained within this material. 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. var currentUrl = window.location.href.toLowerCase(); In New York, cutting an employee’s hours last-minute incurs a $75 fine. (3) ... any new employee during the first two weeks of employment; or (ii) any employee who volunteers to cover a new shift or a previously scheduled shift. These laws … The new predictive scheduling law requires certain industry employers to provide employees advanced notice of work schedules. 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. Will the business groups that opposed the law appeal the decision? "This city regulation takes nothing away from what the state government has done.". else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { 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. While this is still a newer law, it will continue to be refined into 2022. Qualifying employers in regions with Predictive Scheduling laws will want to take a look at their scheduling practices. 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. Work schedules must be given to employees days or weeks before their shifts begin. But the bill, passed in the 2016 session, does require employers to consider employee requests for more flexible schedules. Fluctuations in demand, staff turnover and other challenges make advance scheduling even more difficult. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. The regulations do not provide further details regarding who this would cover; presumably, sanitation workers who plow snow, workers who work on the beach, and construction workers who are unable to work due to weather conditions or customer changes would be among those covered. Retail employers with 20 or more employees will be required to do the following: Provide employees with a written work schedule at least 72 hours in advance of the first shift on the schedule. Employers must post the employee schedule in advance, somewhere between 7 … ©2020 Jackson Lewis P.C. If the schedule changes, your employer must contact all affected workers within 24 hours, or as soon as possible. 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. Workers should immediately contact OLPS about retaliation. These new predictive schedule laws underscore the importance for qualifying businesses to consider an automated timekeeping system that syncs the timeclock with a scheduling module and other features. } New York City Predictive Scheduling Law On November 26, 2017, New York City’s “Fair Workweek” legislation went into effect, which is a collective of laws aimed to protect fast food and retail workers. Join hundreds of workplace leaders in Washington, D.C. and virtually March 22-24, 2021. $('.container-footer').first().hide(); Sen. Elizabeth Warren, D-Mass., and Rep. Rosa DeLauro, D-Conn., introduced the legislation in October 2019. }); if($('.container-footer').length > 1){ $("span.current-site").html("SHRM MENA "); The law covers workers regardless of immigration status. "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. You have successfully saved this page as a bookmark. The public will have 30 days (until January 11, 2019) to submit comments. provides a weekly schedule, 14-day period referenced in this section may be measured from the last day of the schedule. The most essential requirements for employers can be found below. Employers often blend the two approaches by creating policies with some "universal" provisions and limiting the most burdensome practices to specific regions, she added. Seattle’s Secure Scheduling Ordinance and Emeryville and California’s Fair Workweek Ordinances took effect July of this year. Predictive scheduling laws have added a new wrinkle to wage and hour compliance, but as with many areas of employment law, the requirements vary between states and localities. San Francisco was the first to enact scheduling regulations with its Formula Retail Employee Rights Ordinance in 2014. Employees who volunteer for an unscheduled shift are excluded from the Unscheduled Shift requirement, and the regulation lays out the framework for a process to document voluntariness in this regard. 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). Changes within the advance notice period can result in premiums and fines. An employee who is required to be in contact with the employer within 72 hours before the start of the shift to confirm whether to report to work also must be paid four hours of “call-in pay” at the minimum wage. We've rounded up articles and resources from SHRM Online and other trusted media outlets on predictable scheduling laws. However, depending on the state you’re in, the exact details differ but the idea is generally the same. The proposed regulations provide a series of exclusions from these new requirements, some broader in scope than others. Make no changes to the employee schedule with less than seven days notice; changes made past that deadline … 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. Need help with a specific HR issue like coronavirus or FLSA? 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. Judge Upholds New York City’s Predictable-Scheduling Law. 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. 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. 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. In addition to a poster in the workplace, employers are usually required to provide notice upon hiring a new employee and in the employee handbook. Three industry groups are challenging New York City’s year-old predictive scheduling law, saying state labor law governs restaurant employee scheduling and … Members can get help with HR questions via phone, chat or email. View key toolkits, policies, research and more on HR topics that matter to you. For more information, visit https://www.jacksonlewis.com. The bill would also require certain businesses to engage in an interactive dialog with workers who request schedule, assignment and work location changes. 828 in 2017. 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. How to Address Predictable Scheduling Laws. Employees whose shifts are canceled without at least 14 days’ notice must be paid two hours of “call-in pay” at the minimum wage. In Seattle, managers cutting hours are still required to pay half of the employee’s wages for those hours. Let SHRM Education guide your way. Predictive scheduling laws are specifically targeted to businesses in industries where on-call scheduling, hourly employees and minimum wage employees are most common. How new fair work schedule laws affect restaurants 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 … Please purchase a SHRM membership before saving bookmarks. Using an automated solution takes the time and stress out of predictive scheduling for both you and your managers. 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