Predictive Scheduling Laws

February 28, 2020|

Eight states — California, Connecticut, Hawaii, Illinois, Massachusetts, Michigan, New Jersey, and New York — hope to pass predictive scheduling laws this year, joining the ranks of several other cities and two states with current legislation. Predictive scheduling refers to a patchwork of different state and municipal laws mandating hiring, scheduling, and document retention practices for certain employers.

While the laws vary in approach, they’re generally aimed at helping minimum wage employees in the restaurant and retail industries by providing them scheduling certainty and encouraging full-time employment. Because rules can vary between cities and states, and minimum employment levels differ by jurisdiction, predictive scheduling laws pose a big compliance challenge for many employers. Here is a closer look some elements that all or some of these laws have:

  • State of anticipated hours at time of hire
  • Posting of available full-time or other positions to part-time employees
  • Waiting periods for public posting of open positions (i.e., allowing internal applicants more time)
  • Advance scheduling requirements (generally, providing work schedule 20 days in advance)
  • Payment for last-minute scheduling changes
  • Minimizing on-call shifts except where necessary and required pay for on-call hours in some cases
  • “Anticlopening” rules (i.e., not allowing or limiting schedules where an employee closes a location then opens it the next morning)
  • Document retention (i.e., work schedules, written scheduling estimates, documents evidencing predictability pay, and other documents related to offers of additional hours or positions)

Many current predictive scheduling laws have limited penalties and no private right of action for employees. Still, proposed regulations have more substantial penalties and allow for employee-initiated class action litigation. Proposed laws also cover a broader array of industries, reaching beyond the restaurant and retail verticals.

HR Dive has a good overview of current states and cities with predictive scheduling laws as well as the states that have laws preventing cities from enacting these laws and other rules designed to protect workers.

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