Workplace Harassment & Discrimination Laws Oregon is currently the only state with a predictive scheduling law, and it affects employers in the retail, hospitality, and food service industries that have at least 500 employees. Predictable Scheduling Laws May Be Coming to Illinois Soon While many new laws have entered into effect in Illinois at the start of 2018, none of them brought about substantial change to the state of Illinois’ employment laws. }. These laws … July 26, 2019. Please log in as a SHRM member. If an employer alters a worker's schedule later than 10 days in advance (or 14 days as of 2022)-, it must pay workers for an extra hour of pay in addition to their regular compensation. Covered employees can decline to work scheduled hours occurring less than 10 hours following the end of a shift. 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. The ordinance, which the Chicago City Council and Lightfoot approved unanimously July 24, will be officially enacted at the next city council meeting, which is scheduled for Sept. 18, a mayor's office spokesperson said. It applies to businesses with more than 100 employees globally, 50 of whom must be covered employees. Notably, “restaurants” means businesses licensed to sell food in Chicago that have at least 30 locations and 250 employees globally, and also excludes business with no more than three locations in Chicago owned by a single employer and operating under a sole franchise. Illinois has rung in the new year with 253 new laws – many of which directly impact Illinois employers. The Ordinance will require employers covered by the Ordinance to provide advance notice of work schedules to their covered employees, and to pay additional wages if posted schedules … In an authored article for the Cook County Record, Chicago partner Jessica Causgrove outlines the changes behind the Fair Workweek and predictive scheduling laws and provides a detailed overview of the status in Illinois. San Francisco 4. Other jurisdictions, like Illinois and Chicago, are expected to pass predictive scheduling laws in the near future. Employers must maintain, for up to three years, records of each employee’s name, hours worked, pay rate, and other documentation necessary to demonstrate compliance with all aspects of the ordinance. Predictive scheduling laws may also impact on … Business and labor groups came together with Chicago Mayor Lori Lightfoot’s staff and the city council to negotiate, draft, and approve the Chicago Fair Workweek Ordinance. The Ordinance borrows from similar ordinances adopted in other major cities such as New York, San Francisco and Seattle. Emeryville, CA 2. 1, Chapter 1-25-020. Predictive scheduling laws have come into effect in cities including Philadelphia, Chicago and San Francisco. "We would have preferred to see all hourly employees covered, but we understand this is a first step forward," said Jake Lewis, a spokesman for the Chicago Federation of Labor. An employer must provide covered employees with written notice of work hours no later than 10 days before the first day of any new schedule (as of July 1, 2022, this notice must be provided 14 days before any new schedule) by posting the schedule in a conspicuous place at the workplace, or using the usual methods of communication (or both), and, by electronic means upon request. Non-union employers should review whether they are covered by the Ordinance and, if so, begin taking steps to ensure compliance. Employers should also ensure that managers are trained on the Ordinance’s requirements for posting and making changes to schedules and on the ordinance’s non-discrimination and retaliation provisions. Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney. If a covered employees’ hours were cancelled or reduced with less than 24 hours’ notice, a covered employee is entitled to pay in the amount of one-half times the covered employee’s regular rate of pay for hours that are not worked as a result of the change. States that have adopted predictive scheduling laws also include New York, California, Washington and Illinois, as well as several others. While initially designed to address unpredictable schedules in the restaurant and retail industries, the Ordinance applies more broadly to building services, healthcare, hotel, manufacturing, restaurant, retail and warehouse employers. New York City’s law will take effect November 2017.San Francisco employers must: 1. Your session has expired. The ordinance says employers must schedule employees 10 days in advance, rising to 14 days in 2022. Employees must be provided with their schedules (and all changes) at … Predictive Scheduling in Chicago Expected to affect hundreds of thousands of workers, Chicago’s ordinance is primarily aimed at large employers. For example, schedule changes required by failure of public utilities, acts of nature, or war, or agreed to or requested by the covered employee, will not trigger the requirement for extra compensation. var currentUrl = window.location.href.toLowerCase(); Predictive Scheduling: Chicago’s Fair Workweek Ordinance goes into effect on July 1, 2020 and requires certain employers to provide predictive scheduling for certain employees. For example, managers can begin creating and posting employee schedules further in advance. Since then, in addition to Oregon, New York City and Chicago, predictable scheduling laws have been passed in Seattle and Philadelphia. The Chicago City Council approved the “Chicago Fair Workweek Ordinance” on July 24, 2019. 2021 Programs Now Available! Also, restaurants must have at least 30 global locations for the law to apply. An employer must offer existing covered employees more hours or shifts prior to hiring additional staff. Need help with a specific HR issue like coronavirus or FLSA? Provide employee schedules at least 2 weeks in advance; 2. General Data Protection Regulation (GDPR), Littler Restructuring Assessment Solution, Who Could Have Predicted? Cannabis Regulation and Tax Act. By contrast, Georgia and Tennessee have passed laws prohibiting their cities from enacting predictable scheduling laws. Trib., July 24, 2019. Predictive scheduling laws were designed to give workers less uncertainty over their schedules. The threshold for nonprofits and restaurants is 250 employees. Overview of new labor laws in Illinois and Chicago taking effect in 2018: predictive scheduling rules, sick leave, and minimum wage increases. Employers should prepare their management and human resources personnel for potential changes to the workplace as a result of these new laws. The Ordinance does not go into effect until July 2020, so employers may consider using the next year to gradually put practices into effect that would make the transition go more smoothly at that time. Chicago's ordinance will not protect all employees. Any changes require the employer to pay an affected worker between one and four hours of additional pay, depending on how last-minute the change was. You may be trying to access this site from a secured browser on the server. For example, in New York City the law covers all fast food workers. Please purchase a SHRM membership before saving bookmarks. An employer does not need to offer such hours to covered employees if the employee is not qualified to perform the work or if doing so would require the employee to be paid at a premium (. The purported goal of the Ordinance is to provide predictability, flexible schedules, and financial stability to Chicago hourly workers. }); if($('.container-footer').length > 1){ An employer may change a posted schedule up to the deadline (10 or 14 days in advance of the first day of the new schedule) without penalty. • San Francisco (effective July 2015) was the first to pass a law of this kind. Chicago's new predictable scheduling law, effective July 1, 2020, requires employers to notify low-income workers of changes to their schedules and applies to … But industry groups won some concessions during negotiations over the ordinance, including the definition of covered employers and employees. Since then, and after intense lobbying by those representing both employers and employees, the Ordinance has been revised in several respects, resulting in an ordinance described as “a compromise between representatives from labor and business.”1. There are several state and local jurisdictions with predictive scheduling laws that could be triggered by a COVID-19 furlough, including California (Berkeley, Emeryville, and San Francisco only), Chicago, Illinois (effective July 1, 2020), Oregon, Philadelphia, Pennsylvania (effective April 1, 2020), and Seattle, Washington. "It institutes significant new protections for hundreds of thousands of workers so we are still supportive of the overall ordinance.". Make no changes to the employee schedule with less than seven days notice; changes made past that … What If FFCRA Expires at the End of the Year? $("span.current-site").html("SHRM China "); Pre-hire, an employer must provide the applicant with a good-faith estimate, in writing, of the covered employee’s projected days and hours of work for the first 90 days of employment, including the average number of hours per week, whether the employee can expect to work on-call shifts, and a subset of the days and times/shifts the employee can expect to work or will not be scheduled to work. San Francisco was the first to enact scheduling regulations with its Formula Retail Employee Rights Ordinance in 2014. Seattle In addition, a pair of major American cities will se… These new laws stipulate that employees must receive their work schedules in advance. Seattle’s Secure Scheduling Ordinance and Emeryville and California’s Fair Workweek Ordinances took effect July of this year. San Francisco Was First to Enact Predictable Scheduling Ordinance. An “employer” is defined as an entity that employs 100 or more employees (or 250 or more employees if a non-profit corporation), 50 of whom are covered employees, and is primarily engaged in a covered industry. You have successfully saved this page as a bookmark. Mike O’Halloran, NFIB’s Maryland and Delaware State Director, is also working to prevent predictive scheduling laws. } It may also be useful to begin tracking which events or occurrences typically make it difficult to prepare a schedule 10 days in advance, or result in the need to change schedules on short notice. Every law passed is different, and the categories of workers they cover can vary in each location. However, recently passed laws cover a range of scheduling and pay-related issues, including: “As often as possible, we bring our member stories to legislatures and provide testimony in person,” O’Halloran says. Wonder how you might do on a SHRM-CP or SHRM-SCP exam? 3 Municipal Code of Chicago, Tit. New York City 3. Currently, Oregon is the only state with a law in place, and it applies to employers in the retail, hospitality and fast food industries. Employers are prohibited from retaliating against an employee for exercising any right under the Ordinance, including reporting or testifying about any violation, or requesting changes to their working arrangement. The Department will conduct an investigation, including seeking information from the employer. Predictive scheduling refers to a patchwork of different state and municipal laws mandating hiring, scheduling, and document retention practices for certain employers. Violations of the ordinance will cost employers between $300 and $500 for each offense. Please log in as a SHRM member before saving bookmarks. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { To request permission for specific items, click on the “reuse permissions” button on the page where you find the item. The law applies only to a business with at least 100 employees globally, 50 of whom must be employees covered by the law (see the discussion of the definition of "employee" below). Chicago Mayor Lori Lightfoot is expected to sign into law the City Council’s recently passed Chicago Fair Workweek Ordinance (the “Ordinance”). "The laws operate from the premise that employers should not be able to externalize the costs of scheduling changes to their hourly workers.". It covers not just the hotel and retail industry, but also building services, manufacturing, restaurants and warehouse services. The Formula Retail Employee Rights Ordinance took effect in July 2015 and mandates that retail and chain restaurants provide two weeks’ notice of work schedules and provide “predictability pay” if schedules change with less than seven days’ notice. What Employers Can Do If Workers Refuse a COVID-19 Vaccination, IRS Announces 2021 Limits for HSAs and High-Deductible Health Plans, Performance Management: Designing & Implementing Effective Systems, Apprenticeship Expansion Passes House Committee, Philadelphia’s Salary-History Ban Takes Effect Sept. 1, Supreme Court Won't Resolve Pay Discrimination Dispute Over Salary History. Extra pay must be given to employees if the employer changes the schedule after the posted schedule. As predictive scheduling expands to more cities and states, the pressure will only increase to get in tune with local laws while attracting and retaining the best talent. 1, Chapter 1-25-030. On January 1, 2020, Illinois became the 11th state to legalize … Let SHRM Education guide your way. Chicago is the Latest City to Enact a Predictive Scheduling Law. An Overview of Fair Scheduling Requirements, and a Few Tips for Staying on Top of Them All. Covered employees who self-schedule or who work for a venue that regularly hosts ticketed events are not covered by these advance notice provisions. While predictive scheduling legislation varies … Essentially, predictive scheduling requires employers to provide employees with their work schedules ahead of time. (At the moment, O’Halloran says predictive scheduling laws have not yet been passed in either state.) How can employers prepare for the ordinance? Oregon became the first state to pass a fair scheduling law. Predictive scheduling laws are just one among many areas – see minimum wage increases and paid leave allowances for others – that will transform the future of work. Fair Workweek laws (FWW), which are being passed across the country, require predictable scheduling practices for certain service and hospitality employees. An employer must permit covered employees to decline previously unscheduled hours if they have not received the advance notice outlined above. Before proceeding to court, however, a covered employee must first file a charge with the Department of Business Affairs and Consumer Protection. Please confirm that you want to proceed with deleting bookmark. 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. Four years ago, San Francisco was the first U.S. city to enact a predictable scheduling law. Covered employees also have a private right of action for violation of the ordinance. Unionized employers should consider negotiating a waiver of rights under the Ordinance into their collective bargaining agreements at the next opportunity. This definition was one of the mostly hotly debated pieces of the legislation, and has changed substantially since the June 2018 proposed ordinance. ​Chicago's new predictable scheduling law, effective July 1, 2020, requires employers to notify low-income workers of changes to their schedules and applies to a wide variety of industries. The Fair Workweek Ordinance requires certain employers to provide workers with predictable work schedules and compensation for changes. Members can get help with HR questions via phone, chat or email. Extra pay is not required in all instances of a schedule change within the 10-day window. When an employer cancels a shift or reduces hours with less than 24 hours' notice, it will have to pay a worker at least 50 percent of that person's regular pay rate for any scheduled hours. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { If a covered employee requests a modification to the projected work schedule, an employer may choose to deny the request, but such denial must be provided to the covered employee in writing within three days of the request. Employers must post the employee schedule in advance, somewhere between 7 to 14 days. 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. Significantly, as with the June 2018 proposed Ordinance, the final Ordinance provides that the Ordinance’s requirements may be “waived in a bona fide collective bargaining agreement, but only if the waiver is set forth explicitly in such agreement in clear and unambiguous terms.”3. The following cities also have predictive scheduling laws on the books. Predictive scheduling laws started surfacing several years ago. The Ordinance also requires employers to offer additional hours to existing employees before hiring new employees. If a covered employee’s schedule changed within the 10 (or 14) days, the employer must provide the employee with one additional hour of pay for each changed shift as “predictability pay.” This includes when the schedule change adds extra hours, changes the date or time of the scheduled work with no loss of hours, or cancels or subtracts hours from an on-call shift with less than 24 hours’ notice. A measure that would require Chicago employers to schedule workers two weeks in advance and pay them for last-minute changes would pose serious problems for hospitals, the Illinois … Employers should also review their new-hire documentation and record-retention practices to ensure compliance with the Ordinance’s advance notice and record-keeping requirements. Predictive Scheduling: Chicago’s Fair Workweek Ordinance goes into effect on July 1, 2020 and requires certain employers to provide predictive scheduling for … • Theory behind these laws = uncertainty in scheduling and last-minute scheduling changes wreak havoc on employees’ ability to plan, hold second jobs, or attend school. An employer must post a notice of rights under the Ordinance in a visible area of the workplace and provide each new covered employee written notification of his or her rights upon hire. While the Ordinance specifically states that the good-faith projection of a covered employee’s days, hours, and shifts of work for the first 90 days of employment is not a contract, employers should ensure their new-hire paperwork explicitly disclaims the creation of any contractual obligations. Employers that fail to comply with the Ordinance’s other requirements are subject to fines of $300-$500 for each “offense.” Each day a covered employee’s rights are affected counts as a separate offense. All are targeted to the retail and food service/fast food industries: 1. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); The law also includes new provisions for employer notice and timekeeping requirements. What is predictive scheduling? While the draft legislation exempted employers in only certain industries, the final ordinance has been modified to list specifically those industries that are covered. The Chicago City Council approved the “Chicago Fair Workweek Ordinance” on July 24, 2019. $(document).ready(function () { The minimum compensation requirement is scheduled to increase annually based on the increase in the Consumer Price Index.2. Fair Scheduling Requirements Pose Compliance Challenges for Retail, Restaurant and Other Employers, Philadelphia’s “Fair Workweek” Ordinance Will Impose Scheduling and Hiring Restrictions on Large Retail, Hospitality and Food Service Establishments, Seattle City Council Approves Secure Scheduling Ordinance, New York City Enacts Laws Limiting Employers' Flexibility To Staff Employees, New Oregon Law Imposes Scheduling and Working Hours Obligations on Employers, What's All the Fuss About? $("span.current-site").html("SHRM MENA "); Predictable scheduling laws address concerns about hourly workers who must juggle other responsibilities—such as child care and a second job—with their employer's demands, according to Benjamin O'Glasser, an attorney with Bullard Law in Portland, Ore. Oregon enacted the first statewide predictable scheduling law in 2017. Expand your toolbox with the tools and techniques needed to fix your organization’s unique needs. In New York City, certain employers must post schedules 72 hours in advance, with any subsequent changes prohibited. View key toolkits, policies, research and more on HR topics that matter to you. In San Francisco, employers must post schedules at least two weeks in advance. 1 Alexia Elejalde-Ruiz, City Council approves Chicago’s ‘fair workweek’ ordinance: Now many workers must get two weeks’ notice of their schedules, Chi. By Shawn D. Fabian on July 31, 2019. Even the health care industry is covered, though the law grants health care employers with some flexibility in emergency circumstances to ensure care will not be interrupted. The Chicago City Council just approved what is likely the most expansive predictive scheduling law in the country. } Please enable scripts and reload this page. Chicago’s New Scheduling Law Applies to Many Workplaces. Employers must provide covered employees a copy of their records relating to this Ordinance upon reasonable request. Mayor Lori Lightfoot's office called it the most expansive predictable scheduling ordinance in the country. “Covered employees” are employees (as opposed to contractors), or temporary workers if the workers are on assignment with an employer for 420 hours in an 18-month period, who (a) perform the majority of their work within the City of Chicago; (b) perform the majority of their work in a “covered industry”; and (c) earn less than $50,000 a year, for salaried employees, or less than $26 an hour, for hourly employees. The Ordinance goes into effect on July 1, 2020. Such documentation may include written agreements to modify schedules, written schedules, offers of hours of work to existing staff and responses to such offers. The Ordinance, which includes predictable scheduling provisions, will dramatically affect workweek scheduling … The Ordinance was first proposed to the Chicago City Council in June 2017. Such laws may also eliminate on-call scheduling — when employers make workers call in shortly before their work shift starts to see if they need to report to work that day. Prior Notice of Schedules. During negotiations over the bill, employer groups secured language limiting coverage to hourly workers earning less than $26 per hour and salaried workers earning less than $50,000 annually. A charge must be filed within two years of the alleged violation. Members may download one copy of our sample forms and templates for your personal use within your organization. By Amanda Inskeep and Kathryn Siegel on. Join hundreds of workplace leaders in Washington, D.C. and virtually March 22-24, 2021. On July 24, 2019, the Chicago City Council passed the most sweeping predictive scheduling ordinance in the country to date. Posted in Employer Scheduling Practices, Illinois Employment Legislation, Labor and Employment. “Covered industries” are: building services, healthcare, hotels, manufacturing, restaurants, retail, and warehouse services, as those terms are defined in the Ordinance. Try some practice questions! Likewise, manufacturing employers that have a large order cancelled or delayed, healthcare employers dealing with an unexpected increase in the need for healthcare providers, and venues with canceled banquets or ticketed events, may also be exempted from the additional compensation requirements. Like other employment regulations, predictive scheduling requirements are not uniform—they vary by state and municipality. If the company discriminates or retaliates against an employee for exercising a right under the law, the business will be fined $1,000. This ordinance requires covered employers to provide covered employees with notice of their work schedule at least ten days in advance. In addition, restaurants must have at least 30 locations globally, meaning most small restaurants are exempt. ​Find news & resources on specialized workplace topics. The Ordinance goes into effect on July 1, 2020. Once the Department has closed an investigation, the covered employee may file a lawsuit. We've gathered articles on the predictable scheduling, including the new law, from SHRM Online and other trusted media outlets. Indeed, the primary purpose of such laws is to afford employees more stability, predictability, input and flexibility with their work schedules. Employees are covered by the ordinance if they work in one of seven “covered” industries (Building Services, Healthcare, Hotels, Manufacturing, Restaurants, Retail, and Warehouse Services), they make less than $26/hour or $50,000/year, and the employer has at … $('.container-footer').first().hide(); 2 See Definitions Section, Municipal Code of Chicago, Tit. 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