Why? Avoid the “naughty list” this year by ensuring compliance with these three California predictive scheduling laws: 1. “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. To our blog authors, these impending developments bring to mind the adventures of Buddy in the 2003 Christmas comedy entitled “Elf.” 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. 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. Predictive scheduling laws and “show-up” pay: Although federal law does not require paying hourly workers when facilities are closed or shifts are cancelled, predictive scheduling laws may come into play. Predictive scheduling laws are generally straightforward. For those needing a refresher, Amendment 2 would increase the hourly pay rate for hourly a, Rounding the bend on the end of 2020, the California Legislature has been busy finalizing several relevant labor and employment law related pieces of legislation which California Governor Gavin Newsom has signed into law. 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. People need the sleep.”. The two week suspension will now end today, marking the end of the two weeks. “Mental health is a big thing that we don’t address. Home > Labor Law > Do California Employers Have Any Scheduling Flexibility Options Left?. 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. 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. Predictive scheduling laws are spreading across the country, and if your restaurant operates in an affected area, you'd better be prepared. Predictive scheduling laws require the payment of “predictability pay” for schedule changes and on-call shifts. Los Angeles and California are likely next. Congress’ leaders reach a bipartisan deal providing direct payments to most Americans, continuing small business loans and extending jobless aid with a bonus. 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. Los Angeles and California are likely next. First, retail employers covered by the San Francisco ordinance are required to: Provide an initial estimate of an employee’s work schedule upon hire The laws vary widely and are particularly focused on “on-call” shifts. 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. 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. 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. Business groups have been relatively muted so far in reaction to the measure. Employers would have to provide a “good faith estimate” of weekly hours when a worker is hired. Similar predictive-scheduling mandates have been adopted or proposed in a number of jurisdictions across the nation. Readers might recall that in March the NLRB suspended union elections for two weeks (with the potential for a further suspension) because of concerns over the safety of workers that would vote in a union election and how the coronavirus virus complicated matters. The European Medicines Agency has given conditional approval to the Pfizer-BioNTech COVID-19 vaccine, setting up a rollout in all 27 EU nations. 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. Councilman Curren Price, one of the proponents of the measure, framed it as an important step to follow on boosting L.A.’s minimum wage. Stabilizing schedules has an even bigger effect on employee well-being than boosting wages, said Kristen Harknett, a UC San Francisco sociology professor and co-director of the Shift Project. No employment law exists in a vacuum, and predictive scheduling laws are no exception. First, consider predictive scheduling laws, which require employers to abide by certain scheduling procedures and penalize those that do not. Already, hospitals are struggling to keep up with the pace of new COVID-19 patients. Why is that metric important? 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? Once posted, however, employers are penalized for making any scheduling changes. •Predictive Scheduling Is the New Minimum Wage •An attempt to provide predictability and income Though California does not yet have a such a law, San Francisco, Emeryville, and San Jose have adopted predictive scheduling ordinances. 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. There’s a fundamental and widespread shift in the rights of shift workers across the country. “I’ve heard from lots of folks who indicated that raising the wage is good, but that doesn’t do anything about income security” if worker hours are irregular, Price said at a recent meeting. Predictive scheduling laws require the payment of “predictability pay” for schedule changes and on-call shifts. Seattle and New York introduced similar laws in 2016. 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. It is interesting to note that the press release indicated the elections could resume in a “safe and effective manner” but did not provide specifics. Congressional leaders reach deal for nearly $900-billion coronavirus aid package. Emily Alpert Reyes covers City Hall for the Los Angeles Times. The city of Los Angeles recently introduced a motion calling for a predictive-scheduling ordinance. 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. Provide employee schedules at least 2 weeks in advance; 2. 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. As always, below are a couple articles that caught my eye this week. 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. Unpredictable schedules and late notice for assigned shifts make it difficult for hourly restaurant workers to find childcare, go to school, or schedule transportation. 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. Editor's note: For a regularly updated list of predictive scheduling laws, see the predictive scheduling law tracker. 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. 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. See what other cities and states have passed laws related to predictive scheduling for employees in our 2018 update. 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. 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. When asked what it would be like to get her schedule two weeks in advance, her eyes suddenly brightened. 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). 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