Oregon legislators are considering a predictive scheduling law that would require employers to pay employees for up to four hours of unworked time if their shift is cancelled or shortened. This proposed law follows Seattle’s Secure Scheduling ordinance and is also similar to the ordinances and laws that San Francisco and New York have in place. The predictive scheduling would have different requirements depending on the size of the employer, with most enforcement placed on larger employers in certain industries. Key details and requirements are included below:
Impact for all employers:
- Required to pay minimum wage of four hours of wages for cancelled or shortened shifts without 24 hours’ notice.
- Required to comply with new recordkeeping obligations to demonstrate compliance.
- Employees have the right to request not to be scheduled during certain days, times, or locations (requests extend to telecommuting, intermittent employment, and job sharing arrangements).
Impact for large employers in certain industries:
Included in this segment are employers with over 100 employees total (at least 25 in Oregon), and in the industries of retail, hospitality, and food services.
- Required to grant verified requests based on health conditions, caregiving responsibilities, commitment to another job, changes in access to workplace due to changes in transportation or housing, or participation in educational programs.
- Required to make good-faith estimates on average number of hours a week and whether or not on-call is required.
- Required to post work schedule at least 14 days in advance.
- Employees with cancelled or shortened shifts would be entitled to receive half of the related wages.
- Required to pay overtime rates for hours worked without at least 10-hours between shifts.
With this law in consideration, employers should take the opportunity to evaluate current workforce and scheduling practices and consider the potential impact. With over a dozen states or municipalities considering this type of law within the last year, the trend is leaning towards more predictive scheduling in the near future. Oregon 2017 legislative session began on February 1, 2017, and will end July 10, 2017, so expect more news later this year.