Column: Reports of California’s demise are greatly exaggerated. Fair workweek laws, also called predictive scheduling laws, require employers to post staff schedules a specified amount of time in advance—typically two weeks, depending on the laws, which vary by location—and to allow a certain number of hours between shifts. “I would like to go out camping,” she said. Population growth in California has slowed to a crawl. Home > Labor Law > Do California Employers Have Any Scheduling Flexibility Options Left?. As the pandemic deepens economic instability among many families, the UCLA Foundation has contributed an extra $5 million this year to help struggling students. David Rojas, who works as a grocery clerk in Washington state, said that scheduling protections in Seattle had helped him sleep regularly — an important factor in managing his bipolar disorder. This will be increasingly complex for Los Angeles, as it Provide employee schedules at least 2 weeks in advance; 2. San Francisco: Formula Retail Employee Rights Ordinance. Predictive scheduling In November 2014, San Francisco became the first U.S. jurisdiction to pass predictive scheduling legislation. Los Angeles and California are likely next. Predictive scheduling laws require the payment of “predictability pay” for schedule changes and on-call shifts. Backers of the proposal have estimated that it could affect roughly 70,000 workers across Los Angeles. Unpredictable schedules and late notice for assigned shifts make it difficult for hourly restaurant workers to find childcare, go to school, or schedule transportation. Do California Employers Have Any Scheduling Flexibility Options Left? Home > Labor Law > Do California Employers Have Any Scheduling Flexibility Options Left?. Workers with erratic schedules are twice as likely to go hungry as similar workers with stable schedules, Harknett told a council committee in June. When asked about how much notice its employees have of their weekly schedules, Rite Aid spokesman Chris Savarese said simply that the chain values its workers and “complies with all state laws regarding schedule notification.” He did not provide any comment on the proposed measure. Manager of Magic Castle’s operator resigns amid controversy. Late last week, three members of the Los Angeles City Council announced a proposed ordinance that would provide many retail workers in the city with a predictive work schedule. Predictive scheduling laws are generally straightforward. Federal law does guarantee a few crucial worker rights, such as a base minimum wage of $7.25, overtime eligibility after 40 hours worked, and restrictions on child labor. Progressive elected officials in Los Angeles and Sacramento have proposed laws that may soon require certain retail and other employers to provide employees with predictive scheduling or … As always, below are a couple articles that caught my eye this week. Harrison said she felt uncomfortable and left her job soon afterward, feeling like she was “under surveillance.” Whole Foods did not provide comment on her remarks or the measure before Wednesday’s vote. With Fair Workweek laws already in place across the likes of New York City, San Francisco, and Seattle, other cities like Philadelphia, Los Angeles, and Chicago are set to follow suit. The crux of much of the support for the ordinance can be summed up by City Council President Herb Wesson: “A retail job may not be a traditional 9-5, but these workers deserve scheduling consistency from their employers. These laws … Though California does not yet have a such a law, San Francisco, Emeryville, and San Jose have adopted predictive scheduling ordinances. In doing so, I would refer you to the below article from The National Law Review that addresses some states which provide paid leave to go vote. But Rojas said that when he started working at a store outside of Seattle that lacked those rules, he sometimes was short on sleep and “started going through mania again.”, “One night they had me close at midnight and come back at 6 in the morning,” Rojas said. Emily Alpert Reyes covers City Hall for the Los Angeles Times. See what other cities and states have passed laws related to predictive scheduling … A COVID-related illness is sickening a growing number of children in California. Police in Pasadena, Long Beach pledged not to send license plate data to ICE. Progressive elected officials in Los Angeles and Sacramento have proposed laws that may soon require certain retail and other employers to provide employees with predictive scheduling or pay a price. Predictive scheduling laws are generally straightforward. Police in Pasadena and Long Beach vowed data from license plate readers wouldn’t be used to enforce civil immigration laws. Predictive Scheduling. Labor and employment issues will keep hospitality lawyers on their toes in 2020, with immigration, the 80-20 tipping rule and predictive scheduling laws all points of concern. First, retail employers covered by the San Francisco ordinance are required to: Provide an initial estimate of an employee’s work schedule upon hire In 2014, San Francisco became the first city to pass a so-called predictive scheduling law. And retailers would also have to provide workers at least 10 hours to rest between shifts — a rule aimed at the practice of “clopening,” in which workers close a store late at night and return early the next morning to work again. Progressive elected officials in Los Angeles and Sacramento have proposed laws that may soon require certain retail and other employers to provide employees with predictive scheduling or pay a price. There are no predictive scheduling requirements in California While not a law in California, other states and local cities have passed scheduling mandates that require employers to set schedules for employees well in advance, and if the employer changes the schedules within a certain time frame, the employer must pay a penalty for the change. 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. To our blog authors, these impending developments bring to mind the adventures of Buddy in the 2003 Christmas comedy entitled “Elf.” The two week suspension will now end today, marking the end of the two weeks. They shared it anyway. If you don’t know when or how often you’ll be working week-to-week, it’s impossible to plan for your day-to-day life.” This ordinance seeks to remedy these concerns by providing retail workers in the city with the above referenced protections. Predictive scheduling laws are spreading across the country, and if your restaurant operates in an affected area, you'd better be prepared. Of course there are several other articles worth reviewing, but that paid leave article is well worth a read. In October 2019, the Los Angeles City Council asked the Office of the Attorney General to draft a Fair Workweek Ordinance, with recommendations on how to implement a fair workweek law in Los Angeles. The L.A. rules would apply only to retail businesses with at least 300 employees worldwide — a category that would include major chains such as Target, Ralphs and Home Depot. “I’ve never seen snow.”. Oregon’s predictive scheduling law will take effect on July 1, 2018. LAUSD students will remain in distance learning when the next semester opens Jan. 11. Stuart Waldman, president of the Valley Industry & Commerce Assn., said his group has concerns about possible penalties for businesses that need to fill spots when employees call in sick, but was waiting to get more details about the proposed measure before taking a position. Fair workweek laws, also known as “predictive scheduling laws,” are relatively new phenomena throughout the United States. Already, hospitals are struggling to keep up with the pace of new COVID-19 patients. Predictive Scheduling Ordinance Introduced in Los Angeles City Council March 04, 2019 Late last week, three members of the Los Angeles City Council announced a proposed ordinance that would provide many retail workers in the city with a predictive work schedule. The City Council voted Wednesday in favor of imposing such rules. Make no changes to the employee schedule with less than seven days notice; changes made past that deadline … L.A. organizers decided to launch their campaign with retail workers because many are members of the United Food and Commercial Workers International Union, which has backed the push for scheduling protections, but eventually want to expand such protections to other business sectors. Los Angeles and California are likely next. Joseph Furlow, general manager of the Academy of Magical Arts, has resigned two weeks after a story by The Times detailed allegations of sexual misconduct, racism and other issues at the Magic Castle, the famed Hollywood club for magicians. local, state and federal laws. Times staff writer Margot Roosevelt contributed to this report. When asked what it would be like to get her schedule two weeks in advance, her eyes suddenly brightened. In October 2019, the Los Angeles City Council asked the Office of the Attorney General to draft a Fair Workweek Ordinance, with recommendations on how to implement a fair workweek law in Los Angeles. A Closer Look At the Increase to Labor Costs if Florida’s Amendment 2 Passes in November The Florida Restaurant & Lodging Association has provided a calculator which shows how much the labor costs will increase for employers in the state, as to tipped workers, should voters approve Amendment 2 next month. Do California Employers Have Any Scheduling Flexibility Options Left? employees could not sue for violations of the law). Congressional leaders reach deal for nearly $900-billion coronavirus aid package. Predictive Scheduling: The Practical Impact of Newly Enacted Fair Scheduling Ordinances on “Clopenings” and Other Scheduling Issues Nannina L. Angioni Founding Partner Kaedian LLP Los Angeles, CA 2 PREDICTIVE SCHEDULING What is it? Lawmakers should care anyway. Get up to speed with our Essential California newsletter, sent six days a week. Avoid the “naughty list” this year by ensuring compliance with these three California predictive scheduling laws: 1. The laws vary widely and are particularly focused on “on-call” shifts. No employment law exists in a vacuum, and predictive scheduling laws are no exception. The legislation sought to prevent an employer from committing a Labor Code violation, doing away with the business (by changing names, dropping a d/b/a, etc. The city of Los Angeles recently introduced a motion calling for a predictive-scheduling ordinance. See what other cities and states have passed laws related to predictive scheduling for employees in our 2018 update. Fast on the heels of the $15/hour movement, the cities of San Francisco, Seattle, New York, and now the state of Oregon, have all passed their own predictive scheduling laws. In San Francisco, if an employer changes an employee’s schedule less than 7 days before the shift, it must pay the employee a premium of 1 … With the bustling holiday season upon us, covered employers should make … Once posted, however, employers are penalized for making any scheduling changes. Some workers are at the beck and call of computer software that is supposed to line up employee hours with customer demand to keep staffing as lean as possible. Lawmakers should interpret this a sign to finally address the affordable housing crisis in a big way. In Los Angeles County, at least 45 children have been diagnosed with the rare multisystem inflammatory syndrome, known as MIS-C, and one child has died. Researchers at the UCLA Labor Center and the Los Angeles Alliance for a New Economy, an advocacy group aligned with labor, found that 72% of L.A. workers surveyed said their workdays change from week to week. Oregon was the first state in the U.S. to pass a predictable work week labor law. Labor activists complain that erratic schedules that change at the last minute can make it hard for employees to plan for child care, work a second job, or go to school. Businesses in some states know they will not be affected by predictive-scheduling rules… But records tell another story. It is worth noting that while, Some readers might have watched the Presidential debate earlier this week and decided that they will head to the polls to vote for President Donald Trump or Democratic candidate Joe Biden (or perhaps a write in vote for Mickey Mouse, Scooby Doo, or Joey Baggadonuts.) Fast on the heels of the $15/hour movement, the cities of San Francisco, Seattle, New York, and now the state of Oregon, have all passed their own predictive scheduling laws. On September 30th, Governor Newsom signed Assembly Bill 3075 into law which will extend successor liability for California Labor Code violations. Under the proposal, employees at retail businesses with 300 or more employees would have the right to written and posted work schedules, two weeks’ notice of their work schedules, the ability to request a flexible schedule and the right to decline work hours without retaliation from their employer, predictably in pay (by requiring employers to provide a ‘good faith’ estimate of weekly work hours at the time of hire), the right to at least 10 free hours between shifts (so as to not have to close and then open the next morning), and access to additional work hours. Public health officials are anxiously tracking the capacity of intensive care units as coronavirus case numbers surge. EU regulator gives conditional approval to Pfizer-BioNTech COVID-19 vaccine. Grocery stores and other essential businesses have been hit hard by the coronavirus surge, further straining services that must stay open despite the stay-at-home order. Employers would have to provide a “good faith estimate” of weekly hours when a worker is hired. Fair workweek laws, also known as “predictive scheduling laws,” are relatively new phenomena throughout the United States. Los Angeles City Councilman Curren Price, show in 2014, called the measure an important step following the boost in L.A.'s minimum wage. Changes caused by worsening wildfires in California forests will last centuries. In October 2019, the Los Angeles City Council asked the Office of the Attorney General to draft a Fair Workweek Ordinance, with recommendations on how to implement a fair workweek law in Los Angeles. Avoid the “naughty list” this year by ensuring compliance with these three California predictive scheduling laws: 1. By Shauna N. Correia on March 7th, 2019 Posted in Labor Law, New Legislation and Regulations, Wage & Hour Scheduling employees is becoming more difficult for employers, and the State seems to be hurtling toward predictive scheduling laws. In San Francisco, if an employer changes an employee’s schedule less than 7 days before the shift, it must pay the employee a premium of 1 to 4 hours of pay at the employee’s regular hourly rate. “Mental health is a big thing that we don’t address. If you haven’t heard the term predictive scheduling , you soon will. It is expected that once the city attorney drafts the precise wording of this predictive scheduling ordinance, business groups and employers will mobilize against it. With the surge showing no signs of slowing down, L.A. County facilities are preparing for how to allocate care in a crisis situation. First, consider predictive scheduling laws, which require employers to abide by certain scheduling procedures and penalize those that do not. Juana Summers over at NPR wrote an article about t, some cities in the state have already approved similar measures, https://www.latimes.com/business/la-fi-retail-scheduling-20190302-story.html, New Laws for 2020: Assembly Bill 3075 (California). Seattle and New York introduced similar laws in 2016. Any mandate to increase advance notice will have a significant impact to the scheduling process and will require system changes, technology and process changes as well as employee training. representative questioned why the measure appeared to be singling out particular industries, including grocery stores. Seyfarth Synopsis: Since the days of Buddy the Elf’s short stint as a retail employee, New York City and many other municipalities have adopted predictive scheduling laws. The L.A. proposal, which follows similar ordinances in cities including San Francisco, Seattle and New York, is meant to make scheduling more stable and predictable for retail workers. In short, they require employers to post employee work schedules a set number of days in advance of when the work is to be performed. NLRB: Union Elections to Resume Beginning Monday On Wednesday, the NLRB issued a press release to announce that it would not extend the two week suspension of union elections that went into place a few weeks ago, in response to the coronavirus. In October 2019, the Los Angeles City Council asked the Office of the Attorney General to draft a Fair Workweek Ordinance, with recommendations on how to implement a fair workweek law in Los Angeles. The “Fair Work Week” rules would also require such businesses to give workers the ability to turn down hours before and after schedules are posted, without facing retaliation. In short, they require employers to post employee work schedules a set number of days in advance of when the work is to be performed. “If there is complete rigidity on what the employer can do to replace employees … it hurts the employee more.”, At a June hearing, a California Grocers Assn. The scheduling component of the law requires quick-service restaurants to set staff schedules at least two weeks in advance and to pay a penalty for any changes made afterward. The arguments for fair workweek and predictive scheduling laws focus on employees deserving the right to dependable hours, schedules, and pay for better quality of work and life. The proposed ordinance will now be drafted by city lawyers and return to council members for another round of review before it can be approved. California’s worst wildfire season on record has already altered the state’s iconic forests in ways that will be seen for centuries to come. L.A. Unified will not reopen campuses when the spring semester starts Jan. 11. You may occasionally receive promotional content from the Los Angeles Times. This Employment Law This Week Deep Dive episode looks at “predictive scheduling laws,” which are laws that require employers to publish employee work schedules a certain amount of time in advance so that employees (especially those in the hospitality and retail industries) can have greater flexibility and work-time predictability to deal with family and other events and responsibilities. Predictive scheduling laws require the payment of “predictability pay” for schedule changes and on-call shifts. Predictive scheduling laws are specifically targeted to businesses in industries where on-call scheduling, hourly employees and minimum wage employees are most common. To the surprise of no one, San Francisco was the first locality to pass such a predictive scheduling law in 2014. A man dressed as St. Nick lifted off in a paraglider to shower children below with candy canes, but his sleigh got tangled in power lines, officials said. And 44% said they had worked “clopening” shifts. Early predictive scheduling laws only applied to retail establishments and restaurants, with limited penalties and no private right of action (i.e. “We don’t know exactly what the council will come up with,” Waldman said. At a June hearing, former Whole Foods employee Alissa Harrison said that after she was quoted in The Times raising concerns about irregular schedules at her downtown store, she was “interrogated” by a store manager and a Whole Foods corporate representative about what she had told a reporter.