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Emeryville Implements a “Soft Launch” of its “Fair Workweek Ordinance” Last fall, Emeryville (a small city nestled between Berkeley and Oakland) became the third U.S. city (after San Francisco and Seattle) to enact a so-called “predictive scheduling” ordinance, which it named the Fair Workweek Ordinance (the “FWO”). Chronological Order of Process: - Increase your productivity, customize your experience, and engage in information you care about. Implemented in July 2017, retail and food service companies in Seattle, with 400 employees worldwide, must now post work schedules two weeks in advance and pay employees when the schedule changes. Predictive scheduling Predictive scheduling laws protect workers from last minute scheduling changes that could negatively impact their income. The Opportunity to Work was a voter’s initiative, Measure E, that was approved at the ballot in November 2016. Among other items, the ordinance requires: Advance notice of work schedules (14 days) The Ordinance, which includes predictable scheduling provisions, will dramatically affect workweek scheduling for many Chicago employers beginning on July 1, 2020. San Francisco 4. Philadelphia – Originally slated to tak… Our prior piece also noted that we have yet to see a state-wide predictive scheduling requirement. 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.. An employee can only be scheduled for these shifts if they volunteer or give written consent. After San Francisco passed its Formula Retail Employee Rights Ordinances in November of 2014, making it the first jurisdiction to impose scheduling requirements on private employers, predictive or fair scheduling laws were considered in various jurisdictions throughout the United States, but failed to take hold. New York City: New York’s Fair Workweek Law(November 2017) is actually a combination of five bills that guarantees fast food and retail workers 72-hour advanced notice of their employee schedules and stops employers from adding or canceling last-minute shifts. Implemented in July 2017, retail and food service companies in Seattle, with 400 employees worldwide, must now post work schedules two weeks in advance and pay employees when the schedule changes. *Special Notice Regarding Fair Workweek and COVID-19, Due to the global coronavirus pandemic-COVID019, and the emergency stay at home orders issued by the State Public Health Officer and the Alameda County Public Health Officer, Covered Employers as defined by the City of Emeryville’s Fair Workweek Ordinance (Emeryville Municipal Code “EMC” Title 5, Chapter 39) are not required to provide premium pay for schedule changes as required by EMC § 5-39.04 if business operations “cannot begin or continue” during the period of the State and County emergency orders. From July 1, 2017 through December 31, 2017 the City implemented a “soft launch” of the ordinance. Are you in an area that’s begun talks of implementing Predictive Scheduling laws? It also requires employers in these industries to give employees predictability pay for specified schedule changes. Emeryville became the third municipality to enact predictive scheduling legislation (Seattle and San Francisco being the others). Chicago has become the latest municipality to pass a predictive scheduling ordinance, which will take effect in July 2020. The growth of predictive scheduling laws could prove challenging to employers, given the different requirements across jurisdictions. The scope of Chicago’s new ordinance is stunning. It also requires employers in these industries to give employees predictability pay for specified schedule changes. They also often place an obligation on business to provide schedules well in advance. New York: Employers in New York are expected to keep records that demonstrate: the number of hours worked per week, good faith estimates of shifts, the location of the shifts as well as the date and time, the written consent of workers that have worked clopening shifts, a history of schedules, and premium payments. There we noted that since Buddy the Elf’s time in retail, three local municipalities in California—San Francisco, Emeryville, and San Jose—passed predictive scheduling ordinances. The Building Service Employees Minimum Work Week Act (2016) details that employers must offer a minimum number of hours to building service employees. We previously wrote about Emeryville, California’s Fair Workweek Ordinance. Now, just one state 一 Oregon 一 and 5 additional cities 一 Philadelphia, Seattle, Emeryville, New York City and Chicago 一 have passed similar ordinances. For example, if it’s found that an employer in New York is displaying patterns of breaking labor compliance rules, the NYC law department may issue a fine of up to $15,000. Retail Firms with 56 or more employees globally and Fast Food Firms with 56 or more globally and 20 or more employees in Emeryville. Chicago has become the latest municipality to pass a predictive scheduling ordinance, which will take effect in July 2020. While Philadelphia employers won’t have to worry about predictive scheduling starting in … Though navigating the San Francisco, Emeryville, and San Jose predictive scheduling ordinances is not as difficult as navigating one’s way through the seven levels of the Candy Cane forest, through the sea of swirly twirly gum drops, and out the Lincoln Tunnel, we want to help employers make sure that they are compliant. Final Draft Fair Workweek Notice For Employees, Ordinance Highlights (outline of specific ordinance provisions), August 16, 2016 Study Session Staff Report, October 18, 2016 First Reading Staff Report, November 1, 2016 Second Reading Staff Report, City of Emeryville  |  1333 Park Ave.  |  Emeryville, CA 94608  |  Phone: 510-596-4300  |  Fax: 510-658-8095. Read below to double-check whether your location has any Predictive Scheduling laws. They had to go through the ordeal of making it to work on time, only to be told that it was all for nothing. The scope of Chicago’s new ordinance is stunning. Predictive scheduling will be challenging for small businesses to comply, as such, being able to offer a point of view was important. This Ordinance also mandates employers keep their scheduling records for three years. Emeryville, Calif. Also note that Chicago recently passed its own predictive scheduling ordinance, but it won’t go into effect until July 1, 2020. Originally posted on https://www.schedulehead.com/predictive-scheduling-fair-workweek-a-biz-owners-guide/. Last, San Jose’s Predictive Scheduling Ordinance is not as extensive as San Francisco’s and Emeryville’s. Seattle was the second city to pass a similar ordinance. Provide employee schedules at least 2 weeks in advance; 2. Qualifying Emeryville restaurants must provide hourly employees with the following: Fees for schedule changes “Good Faith” estimates New York City’s law will take effect November 2017. Currently, Oregon has the only statewide predictive-scheduling law. San Jose, California (Opportunity to Work Ordinance) Emeryville, California (Fair Workweek Ordinance) New York (Fair Workweek) New Hampshire (Senate Bill 416) Ohio (Senate Bill 331) Oregon (Fair Workweek Act) Seattle (Secure Scheduling Ordinance) Washington D.C. (Hours and Scheduling Stability Act of 2015) Now that you have a good understanding of what predictive scheduling is and … San Francisco was the first to enact scheduling regulations with its Formula Retail Employee Rights Ordinance in 2014. 9. Philadelphia is now the fifth city with such a predictive scheduling law, joining Emeryville (California), New York City, San Francisco, and Seattle, as well as the state of Oregon. Oregon: Oregon’s Fair Workweek law (July 2018) stops employers’ from scheduling employees to clopening shifts with less than 10 hours of rest in between. And if they’re happier, you can expect higher levels of productivity and a lower turnover rate. Emeryville has the highest citywide minimum wage in the country . Its primary requirement is that before hiring another employee, employers must offer the additional work to existing qualified part-time employees. However, the laws generally require businesses to pay employees whose shifts are cancelled at the last minute or cut short some amount of the wages the employees expected to earn. While only a handful of cities —San Francisco, Emeryville, NYC, Seattle, and, as a first, the entire state of Oregon—have enacted predictive scheduling laws with varied guidelines, the ordinances follow a similar formula: Employers must provide the schedule in advance, typically 7-14 days before the first scheduled shift, and if an employer changes the schedule, the employee must receive extra pay. We addressed concerns, while staying within the terms of the legislation. With the bustling holiday season upon us, covered employers should make sure that they are complying with these ordinances. Sorry, the comment form is closed at this time. It imposes scheduling and opportunity-to-work requirements on certain fast food and retail employers that have 56 or more employees globally. 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