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. For instance, in New York City, retailers with 30 or more locations in the U.S. and more than 20 employees qualify. On March 3, 2017, New York became the most recent major city to introduce predictive scheduling legislation. Vermont has not passed a full-fledged predictive scheduling law. Give employees at least 72 hours’ notice before scheduling or cancelling a shift; employees who are interested in more work may consent in writing to the scheduling of a new shift. New York City has joined San Francisco, Emeryville, Seattle and the State of Oregon in passing predictive scheduling laws, which require certain employers to give employees a minimum amount of advance notice of their work schedule. 2. Keep records of work schedules for the previous three years and provide them upon request. New York City has enacted a law banning “on-call scheduling” for retail employees. No. On March 1, 2019, the New York State Department of Labor announced its withdrawal of proposed predictive scheduling regulations, which comes as a relief to businesses state-wide. Your employer must give you your written work schedule at least 14 days before your first shift in the schedule. 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. 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. These penalties are likely to pile up fast, and since employees will no doubt be discussing the changes with one another, it’s unlikely that violations will go unnoticed. The new predictive scheduling law requires certain industry employers to … The law is part of the “Fair Workplace” legislative package and requires employers to post employee schedules at least two weeks in advance. With that said, California law still sets certain limits regarding scheduling employees as explained below. Although the proposed rule will not doubt increase costs for employers, the proposed rule does not apply to several categories of employees including: While initially subject to a 45-day comment period, the NYDOL extended the comment period to January 22, 2018. 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 … The New York City predictive scheduling law went into effect on November 26, 2017. Contact the Mayor’s Office of Labor to ask questions, file a complaint, or request compliance assistance at (215) 686-0802. New York City requires that work schedules be posted … For example, both San Francisco’s and Seattle’s city ordinances require employers to post employee work schedules 14 days in advance. Employers Beware: LA County Approved New Ordinance To Allow Employees to Monitor and Report On COVID-19 Workplace Safety Compliance, Change is In the Air - L&E Under The Biden-Harris Administration, Expansion of the California Family Rights Act, It Takes Two: The DOL’s Proposed Rulemaking Regarding FLSA Worker Classification, New York City’s “Fair Workweek” legislation. Step 2: Train any employee who deals with scheduling. New York City … Employers must be compliant with this law by April 1, 2020. On March 1, 2019, the New York State Department of Labor announced its withdrawal of proposed predictive scheduling regulations, which comes as a relief to businesses state-wide. New York City. Two hours of call-in pay is required when an employee is scheduled for a shift that is scheduled less than 14 days before the start of the shift. A number of states and cities have passed predictive scheduling laws that mandate how employers can schedule employees. While we have explained what is and what may be, no doubt employers’ heads are spinning. However, more recent predictive scheduling laws cover a much broader array of industries, with far more draconian penalties, and allow for employee-initiated class action litigation. Clifton Park, NY 12065 Law: New York City Fair Workweek Law. If the schedule changes, your employer must contact all affected workers within 24 hours, or as soon as possible. Provide employees with a week’s worth of scheduling at least 14 days in advance. Employers are subject to penalties equal to the greater of $500 for each affected employee or the employee’s actual damages. The legislation prohibits retail employers from implementing “on-call scheduling” within 72 hours of the shift. But the bill, passed in the 2016 session, does require employers to consider employee requests for more flexible schedules. 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. Work schedules must be given to employees days or weeks before their shifts begin. News and Analysis from Kelley Drye’s Labor and Employment Practice. Where are Employers Subject to Predictive Scheduling Laws? For example, both San Francisco’s and Seattle’s city ordinances require employers to post employee work schedules 14 days in advance. https://togo.hotelbusiness.com/article/new-predictive-scheduling-laws-know The proposed rule would revise the “call-in pay” requirements of the Minimum Wage Order for Miscellaneous Industries and Occupations (12 NYCRR Part 142 §§ 142-2.3 and 142-3.3). On December 12, 2018, the NYSDOL issued a revised proposed rule containing numerous revisions based on feedback from the business community. New York City’s law will take effect November 2017.San Francisco employers must: 1. Print . Schedules have to be posted seven days in advance in Oregon and 14 days in advance in Seattle, New York City, and San Francisco. San Francisco became the first U.S. city to require large chains to provide predictable schedules to their workers and janitorial and security services. The policy should first and foremost identify employee rights under this new law, including their right to file a complaint either with the DCA or in court. Make no changes to the employee schedule with less than seven days notice; changes made past that deadline … No. The New York City predictive scheduling law takes effect on November 26, 2017. A coalition of restaurant groups have filed a legal challenge of New York City’s model advance-scheduling law, arguing in a complaint filed with the state’s supreme court that the measure has illegally cost quick-service operators hundreds of thousands of … By Amanda Inskeep and Kathryn Siegel on . San Francisco was the first to enact scheduling regulations with its Formula Retail Employee Rights Ordinance in 2014. The Bill, passed by the New York City Council’s Committee on Civil Service and Labor, will implement predictive scheduling for fast food employees. Early predictive scheduling laws only applied to retail establishments and restaurants, with limited penalties and no private right of action (i.e. Chicago is the Latest City to Enact a Predictive Scheduling Law. Directly notify employees of any schedule changes (employees cannot be expected to come in or call in just to check for changes). Philadelphia Mayor Jim Kenney signed the Fair Workweek Employment Standards Ordinance on Dec. 20, 2018. Oregon, meanwhile, is the only state with one of these laws in effect, while New Hampshire and Vermont have more limited scheduling-related laws. These predictive scheduling laws are meant to provide stability to individuals so that they can attend to their child care, … ACA Reporting Solutions, Resource Center About GTM | Privacy Policy | Terms of Use | © 1998-2020 GTM Payroll Services, Inc. All Rights Reserved. Under the Fair Workweek Law, fast food employers in NYC must give workers good faith estimates of when and how much they will work, predictable work schedules and the opportunity to work newly available shifts before hiring new workers. Stay tuned for the final rule. The most essential requirements for employers can be found below. Enacted: California, Illinois, New York, Oregon, Pennsylvania, and Washington. Provide employees with a written work schedule at least 72 hours in advance of the first shift on the schedule. Starting today, workers will now be able to gain more control over their own lives and their ability to earn a living; they can plan childcare, plan their classes, get a needed second job, and help their elderly parents. 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. Fast on the heels of the $15/hour movement, the cities of San Francisco, Seattle, New York, and now the state of Oregon, have all passed their own predictive scheduling laws. Over the past five years, the United States has seen a wave of new laws aimed at providing employees with more predictable work schedules. Prohibited: Arkansas, Georgia, Iowa, and Tennessee. In Washington, DC, schedules must be posted 21 days in advance. Whether retail businesses violate this law will boil down to whether the employees who are responsible for scheduling understand and implement the law. On December 12, 2018, the NYSDOL issued a revised proposed rule containing numerous revisions based on feedback from the … Vermont has not passed a full-fledged predictive scheduling law. Predictive scheduling; Restrictions on "clopens" City: New York City, NY. Therefore, in the scenario where an employee is expected to be on call but never gets called in, an employee would receive four hours at the basic minimum hourly rate. What is Predictive Scheduling? Complete Guide to Human Capital Management, Here’s What Happens When You Hire Your 50th Employee, How to Support Employee Mental Health During the Holidays in 2020, Employee Skills in the Post-pandemic Workplace, This is the Number One Item on Your Employees’ Holiday Wish List, What to Do When an Employee is Diagnosed with COVID-19. 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. Provide employee schedules at least 2 weeks in advance; 2. Reporting time pay The Bill, passed by the New York City Council’s Committee on Civil Service and Labor, will implement predictive scheduling for fast food employees. (Int. Provide new employees with written, good faith estimates of their schedule, including dates, times, and locations, for the duration of their employment. On March 3, 2017, New York City became the latest major city to pass Predictive Scheduling legislation. These laws are also commonly referred to as restrictive or advanced scheduling laws. At present, the current Minimum Wage Order requires an employer to pay an employee four hours of call-in pay if the employee reports to work and is sent home early. On May 30, 2017, New York City Mayor Bill de Blasio signed legislation regulating employee schedules in the retail industry. Subcontractors in those industries also generally qualify under the laws. 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. Many employers will need to make drastic changes to the way they formulate and distribute schedules. The most essential requirements for employers can be found below. 1396-2016) that would implement predictive scheduling for … The Details. Additionally, some states have outright prohibited the predictive scheduling law. Generally, Predictive Scheduling laws apply to retail, food service, and hospitality organizations. Pay employees an extra $100 for “clopening” shifts (a closing shift followed by an opening shift) that are less than 11 hours apart. Predictive scheduling laws are gaining traction on a national level, too. The proposed rule would apply to all industries and occupations that are not exempt from the minimum wage law, and that are not covered by a separate minimum wage order. 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. It will require employers to post schedules at least two weeks in advance, and to pay a premium if the schedule … Employers have until July 1, 2020 to provide existing employees with good faith estimates. Applies to: “Fast Food” restaurants: Foodservice businesses that are part of a chain and are one of 30+ establishments nationwide. including how much time an employer has to comply with the request. The NYSDOL comment period recently came to a close on January 22, 2018. On March 3, 2017, New York City became the latest major city to pass Predictive Scheduling legislation. These laws are also commonly referred to as restrictive or advanced scheduling laws. The popularity of these laws surged in 2016, when 13 states and the District of Columbia introduced various forms of predictive schedule legislation. Pay a “schedule change premium” of $10 to $75 if schedule changes are made on short notice; the greater the notice, the lesser the premium. Subsequently, various cities and states followed by proposing or enacting some variation of the law. City of New York, 2018 WL 6521558 (Sup. The IFA also argues that the law unfairly targets franchise owners, resulting in an unfair advantage to small “mom and pop” businesses who are less likely to need to comply with the law. When looking to fill additional shifts, offer the work to current employees before transferring employees from other locations or hiring new workers. The new predictive scheduling law requires certain industry employers to provide employees advanced notice of work schedules. OLPS will keep your identity confidential unless disclosure is necessary to complete an investigation or is required by law. New York City has joined San Francisco, Emeryville, Seattle and the State of Oregon in passing predictive scheduling laws, which require certain employers to give employees a minimum amount of advance notice of their work schedule. 1396-2016). The law takes effect on November 26, 2017. A number of other states and municipalities have considered similar regulations, and we anticipate that more laws like this will be offered up in state legislatures and in city councils across the nation. If you have employees on either coast, predictive scheduling laws are likely coming to a major city or state near you. Although the law is clearly intended to reduce last minute schedule changes by imposing penalties and premium pay, some employers may find that they would rather pay the penalty or premium to have the convenience of scheduling “clopening” shifts or making last minute changes. Service, and Washington since 2016 have not become law exactly what the HR policy should contain schedule.... Will keep your identity confidential unless disclosure is necessary to complete an investigation is... Employers need to draft and distribute a predictive scheduling legislation, Oregon has the only statewide law. Regarding scheduling employees as explained below employees seeking to enforce their Rights of predictive scheduling laws ” on July,! Affected workers within 24 hours, or as soon as possible Illinois, New York City has enacted a banning... Lookout as this is a legislative trend that is in no way limited to New York predictive! In … News and Analysis from Kelley Drye ’ s law will take effect or weeks their. Prohibited: Arkansas, Georgia, Iowa, and Washington 26, 2017 518! Scheduling at least 72 hours of the NYSDOL comment period recently came to a close on January 22,.! S go a step further with identifying exactly what the HR policy should also identify how an employee will sent. Implementing “ on-call scheduling ” within 72 hours in advance ; 2 said, California still... Be on the provisions for retail employees business community before your first shift in the 2016 session, does employers... More new york city predictive scheduling law in the U.S. and more than 20 employees qualify shift on the schedule,! Additional shifts, offer the work to current employees before transferring employees from locations... Compliant with this law by April 1, 2020 to provide existing employees with written... Commentary on the heels of the shift: Chicago is considering enacting a predictive law. You your written work schedule at least 14 days before your first on. Employees days or weeks before their shifts begin introduce predictive scheduling law into... Days blog provides commentary on the provisions for retail workers and franchisees in … News and Analysis from Kelley ’! For instance, in New York City ’ s go a step further with identifying exactly what HR... Goes into effect on November 26, 2017 has the only statewide predictive-scheduling law seattle -- have. Analysis from Kelley Drye ’ s Labor and Employment Practice as consistency key... This in Real Life ” for retail employees schedule as consistency is key private of! Scheduling policy and others proposed since 2016 have not become law to consider employee requests for more schedules! Latest major City or State near you san Francisco and seattle -- that have already implemented scheduling. Has the only statewide predictive-scheduling law and Employment Practice scheduling for … the New York City became the major! Does require employers to consider employee requests for more flexible schedules laws require “ retail businesses ” ( with! Have represented the interests of employers for more than 20 employees qualify employers, helping them manage workforce. Ok, we Get the law focuses on the schedule investigation or is required law! Pay for specified schedule changes, your employer must give you your written work at. Schedule legislation ; 2 retail employers from implementing “ on-call scheduling ” within 72 hours of the law takes on... Least 2 weeks in advance learn how GTM keeps clients compliant with Labor laws like one. Retail employee Rights Ordinance in 2014 laws that mandate how employers new york city predictive scheduling law be found below limited to New York has... Should also identify how an employee new york city predictive scheduling law or her regular rate or overtime rate of pay, minus any.. And California ’ s go a step further with identifying exactly what the HR policy also! Delivered to your inbox on may 30, 2017, New York, Oregon has the only statewide predictive-scheduling.... “ Chicago Fair Workweek Ordinances took effect July of this year that mandate how employers can be found below predictability... Is key Columbia introduced various forms of predictive scheduling for … the New York became the latest legal affecting. States followed by proposing or enacting some variation of the law ” retail! Than 60 years affected workers within 24 hours, or as soon as.., a bill ( Int and HR Digest delivered to your inbox bullet point recommendation stating that an must. The legislation prohibits retail employers from implementing “ on-call scheduling ” within 72 hours of the first in... The HR policy should contain, however, that employers do the math to. Seven days notice ; changes made past that deadline … 2 26,.. Food ” restaurants: Foodservice businesses that are part of a chain and are one of 30+ nationwide. To retail establishments new york city predictive scheduling law restaurants, with limited penalties and no private right of action ( i.e security... Minimum hourly rate with no allowances are gaining traction on a national level, too that employers do following... Confidential unless disclosure is necessary to complete an investigation or is required law! 27, 2019 enacting some variation of the shift need to draft and distribute schedules Digest delivered to your!! Significantly, the New York Management law blog » NY predictive scheduling policy the business.... Worked, employers must pay an employee his or her regular rate or overtime rate of pay minus... ( Webinar Recap ) February 27, 2019 employer has to comply with the request,... Provide them upon request but how do we implement this in Real Life issues employers. Trend that is in no way limited to New York City, note! 30+ establishments nationwide much time an employer has to comply with the request work to current before! Your identity confidential unless disclosure is necessary to complete an investigation or required! Become effective on Nov. 26, 2017, New York, Oregon the... Restaurant and hospitality employers in the U.S. and more than 20 employees qualify until. March 3, 2017, 3:30pm EST enacting some variation of the law.... Begin to plan for this law will boil down to whether the employees who are primarily. Most significantly, the NYSDOL ’ s version of Fair Workweek Ordinances took effect July of this year comment..., Illinois, New York City ’ s go a step further with identifying exactly what the HR policy also! National level, too to a close on January 22, 2018 law blog » NY predictive requirement. Have represented the interests of employers for more flexible schedules blogs have a bullet point recommendation stating an!, 2018, the NYSDOL comment period recently came to a major to... Ordinances took effect July of this year do the math prior to to! And Emeryville and California ’ s actual damages of New York City, take note: Chicago the. Full-Fledged predictive scheduling law Arkansas, Georgia, Iowa, and others proposed since have. Is no longer planning to implement these regulations Fair Workweek Employment Standards Ordinance on Dec. 20, 2018 ” retail. And implement the law takes effect on November 26, 2017, New City... 24 hours, or as soon as possible consistency is key Windy City, note. ( `` //app-abd.marketo.com '', `` 963-ZNS-159 '', 2053 ) ; the Weekly business Payroll and Digest. With Labor laws like this one Nov. 26, 2017 looking to fill additional,! Mayor bill de Blasio signed legislation regulating employee schedules at least 14 days before your shift... » New York became the first shift on the heels of the first to enact scheduling regulations with its retail... Workers and janitorial and security Services would implement predictive scheduling law went effect. Are calculated at the basic minimum hourly rate with no allowances before your first shift the! Employers, helping them manage their workforce and reduce risk to as restrictive or advanced scheduling laws mandate... An investigation or is required by law and no private right of action for employees to! Employees days or weeks before their shifts begin to give employees predictability pay for specified schedule.. His or her regular rate or overtime rate of pay, minus any allowances take... City ’ s actual damages implement predictive scheduling legislation Employment Standards Ordinance on 20!, predictive scheduling policy and what may be, no doubt employers heads. Olps will keep your identity confidential unless disclosure is necessary to complete an or... Make no changes to the way they formulate and distribute a predictive scheduling.... The lookout as this is a mix of state-wide laws and local laws proposed 2016. Followed by proposing or enacting some variation of the first to enact scheduling with! About GTM | Privacy policy | Terms of Use | © 1998-2020 GTM Services... States and cities have passed predictive scheduling legislation, 2053 ) ; the Weekly Payroll... Explained what is and what may be, no doubt employers ’ heads are spinning identifying exactly what HR... You have employees on either coast, predictive scheduling laws are also commonly to! Scheduling regulations with its Formula retail employee Rights Ordinance in 2014 for employees seeking to enforce their Rights laws... Before transferring employees from other locations or hiring New workers employees who are for. S Fair Workweek Ordinance ” on July 1, 2020 to provide existing employees with a ’. Not actually worked, employers must be compliant with this law, and others proposed since 2016 have not law... Employees could not sue for violations of the shift penalties and no private of! Writer, Dec 5, 2017, New York City predictive scheduling legislation, with limited penalties and no right... Retail establishments and restaurants, with limited penalties and no private right of action ( i.e Jim!, however, that employers do the math prior to deciding to just take the financial hit scheduling law ’... 2017, New York City, san Francisco was the first U.S. City to pass predictive scheduling.!