ARKANSAS
State-wide Ban on Predictive Scheduling Laws
Effective Date: March 24, 2017
Employers Affected: None
Local governments may not create or adopt employer requirements outside state or federal requirements.
CALIFORNIA
San Francisco
Effective Date: July 3, 2015
Employers Affected: “Formula Retail Use” employers in San Francisco with at least 40 retail sales establishments worldwide. Includes bars, restaurants, liquor stores, sales and service providers (including banks and other financial institutions) and take-out food shops. More information on a Formula Retail Use employer can be found here.
Emeryville
Effective Date: Jan. 1, 2018
Employers Affected: Retail employers with 56 or more employees globally or fast food companies with 56 or more employees globally and 20 or more employees in Emeryville.
GEORGIA
State-wide Ban on Predictive Scheduling Laws
Effective Date: July 1, 2017
Employers Affected: None
Local governments may not create or adopt minimum wage laws or laws that require “additional pay to employees based on schedule changes.”
ILLINOIS
Chicago
Effective Date: July 1, 2020
Employers Affected: Businesses with 100 or more employees, nonprofits with more than 250 employees, restaurants with at least 30 locations and 250 employees globally. To be eligible, employees must earn less than or equal to $26.00 per hour or earn less than or equal to $50,000 per year as a salaried employee.
Under Chicago’s law, “Covered Industries” will include: (1) building services; (2) health care; (3) hotels; (4) manufacturing; (5) restaurants; (6) retail; and (7) warehouse services. The law will cover employers in these industries with over 100 employees globally, so long as they employ at least 50 “Covered Employees.” “Covered Employees” are generally those who earn less than $26 per hour or $50,000 annually, who perform the majority of their work in Chicago, and who perform most of their work in a Covered Industry.
In a nutshell, the Fair Workweek Ordinance has the following key requirements:
- Employers must provide employees with a “good faith estimate” of their work schedule upon hire.
- Employers must schedule employees with 10 days’ advance notice (14 days after July 1, 2022).
- Employers must pay employees “predictability pay” for schedule changes made within the 10-day (or eventually, 14-day) notice period, subject to certain exceptions.
- Employees are entitled to premium pay if they agree to work within 10 hours of a prior day’s shift (and cannot be forced to do so).
- Before hiring new employees, employers must first offer shifts to existing, qualified Covered Employees, then temporary or seasonal workers, subject to certain exceptions.
To aid businesses in complying with the law, the City recently published its Final Rules, “Fair Workweek FAQs,” and a Notice that must be posted in a conspicuous place.
IOWA
State-wide Ban on Predictive Scheduling Laws
Effective Date: March 30, 2017
Employers Affected: None
Local governments may not create or adopt regulations “relating to employment matters.”
NEW YORK
New York City
Effective Date: May 30, 2017
Employers Affected: Fast-food employers with 30 or more such establishments nationally and retail employers with 20 or more employees engaged “primarily in the sale of consumer goods.”
New York’s Fair Workweek package is made up of four ordinances focused specifically on fast food and retail employers. The laws prohibit on-call scheduling for retail employees within 72 hours of the shift starting; ban fast food employers from scheduling shifts with fewer than 11 hours between them (or risk paying $100 to that employee); require fast food employers to provide an estimate of worker’s schedules upon hiring; and require fast food employers to provide 14 days notice of their schedules or risk paying a schedule change premium.
OREGON
State-wide
Effective Date: Aug. 8, 2017
Employers Affected: Employers in the retail, hospitality and food service industries that have at least 500 employees.
Currently, employers must provide written work schedules at least seven days in advance, provide a good faith estimate of hours upon hiring and give workers a rest period of at least 10 hours between two shifts or else pay a time-and-a-half rate if the employee opts to work that shift. By July 2020, employers must provide work schedules 14 days in advance.
PENNSYLVANIA
Philadelphia
Effective Date: April 1, 2020
Employers Affected: Employers in the retail, hospitality and food service industries that have at least 250 employees and 30 locations worldwide.
Employers must provide a good faith estimate of a new employee’s work schedule, though this requirement will not be in effect until July 1, 2020. Notice of schedules must be given 10 days in advance in 2020, and then 14 days in advance starting Jan. 1, 2021. Employers that change the schedule after the advance notice period must pay the affected employees one hour of predictability pay. Employees are also entitled to a rest period of at least 9 hours between two shifts or pay $40 to the worker for each shift worked within such a period.
TENNESSEE
State-wide Ban on Predictive Scheduling Laws
Effective Date: April 19, 2017
Employers Affected: None
Local governments are not allowed to adopt or enforce any regulations that impose “a requirement upon an employer pertaining to employee scheduling.”
WASHINGTON
Seattle
Effective Date: July 1, 2017
Employers Affected: Retail and food service establishments with 500 or more employees worldwide and restaurants with 500 or more employees and 40 or more locations worldwide.
Employers must provide a good faith estimate of hours an employee can expect upon hire, cannot schedule shifts separated by less than 10 hours unless an employee consents to work such hours at a time-and-a-half rate, and must provide work schedules 14 days in advance or pay workers at least an extra hour at the standard rate.
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