San Francisco was the first to enact scheduling regulations with its Formula Retail Employee Rights Ordinance in 2014. Los Angeles could require retailers to let workers know what days and hours they are scheduled to work at least two weeks in advance, under a plan moving forward at City Hall. 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. ), creating essentially the same business under a new name, and escaping liability Under the legislation, Section 200.3 is added to the Labor Code which stipulates that “a successor to any judgment debtor shall be liable for any wages, damages, and penalties owed to any judgment debtor’s former workforce pursuant to a final judgment.”  “Successor” includes any business that “[u]ses substantially the same facilities or substantially the same workforce to offer substant, As always, below are a couple articles that caught my eye this week. Fair workweek laws, also known as “predictive scheduling laws,” are relatively new phenomena throughout the United States. 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. You may occasionally receive promotional content from the Los Angeles Times. 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. Backers of the proposal have estimated that it could affect roughly 70,000 workers across Los Angeles. Los Angeles City Councilman Curren Price, show in 2014, called the measure an important step following the boost in L.A.'s minimum wage. Seattle and New York introduced similar laws in 2016. See what other cities and states have passed laws related to predictive scheduling for employees in our 2018 update. 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. Congressional leaders reach deal for nearly $900-billion coronavirus aid package. 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. 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. “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. 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. To the surprise of no one, San Francisco was the first locality to pass such a predictive scheduling law in 2014. 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. San Francisco: Formula Retail Employee Rights Ordinance. And 44% said they had worked “clopening” shifts. Get up to speed with our Essential California newsletter, sent six days a week. “I would like to go out camping,” she said. 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. Police in Pasadena and Long Beach vowed data from license plate readers wouldn’t be used to enforce civil immigration laws. Column: Reports of California’s demise are greatly exaggerated. Supermarkets in L.A. County see unprecedented coronavirus infection rates. Under the Fair Chance Initiative, employers with ten or more employees located or doing business in the City of Los Angeles are prohibited from inquiring about or requiring the disclosure of an applicant’s criminal history, unless and until a conditional job offer has been made. representative questioned why the measure appeared to be singling out particular industries, including grocery stores. UCLA Foundation steps in with $5 million for students struggling amid the pandemic. 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 “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. 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 care anyway. 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. 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. Though California does not yet have a such a law, San Francisco, Emeryville, and San Jose have adopted predictive scheduling ordinances. Lawmakers should interpret this a sign to finally address the affordable housing crisis in a big way. 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. 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. 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. Predictive scheduling laws require the payment of “predictability pay” for schedule changes and on-call shifts. 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. Los Angeles County Minimum Wage Ordinance COVID-19 - Los Angeles County Supplemental Paid Sick Leave; ... California Wage and Hour Law California Wage and Hour Law California’s wage and hour laws rank among the toughest in the nation. Already, hospitals are struggling to keep up with the pace of new COVID-19 patients. The city of Los Angeles recently introduced a motion calling for a predictive-scheduling ordinance. 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. 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. L.A. Unified will not reopen campuses when the spring semester starts Jan. 11. Unpredictable schedules and late notice for assigned shifts make it difficult for hourly restaurant workers to find childcare, go to school, or schedule transportation. 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. Even more — 77% — said that they got a week or less notice of their work schedule. “Mental health is a big thing that we don’t address. Business groups have been relatively muted so far in reaction to the measure. L.A. County outlines wrenching moves to ration healthcare if COVID-19 hospital crisis worsens. 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. EU regulator gives conditional approval to Pfizer-BioNTech COVID-19 vaccine. Predictive scheduling laws require the payment of “predictability pay” for schedule changes and on-call shifts. 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. The laws vary widely and are particularly focused on “on-call” shifts. Oregon was the first state in the U.S. to pass a predictable work week labor 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. LAUSD students will remain in distance learning when the next semester opens Jan. 11. To our blog authors, these impending developments bring to mind the adventures of Buddy in the 2003 Christmas comedy entitled “Elf.” 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. When asked what it would be like to get her schedule two weeks in advance, her eyes suddenly brightened. 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. But records tell another story. 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. With the surge showing no signs of slowing down, L.A. County facilities are preparing for how to allocate care in a crisis situation. Provide employee schedules at least 2 weeks in advance; 2. New York City’s law will take effect November 2017.San Francisco employers must: 1. San Francisco: Formula Retail Employee Rights Ordinance. Why? They shared it anyway. 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.) 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. •Predictive Scheduling Is the New Minimum Wage •An attempt to provide predictability and income See what other cities and states have passed laws related to predictive scheduling … Oregon’s predictive scheduling law will take effect on July 1, 2018. 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 … Predictive scheduling laws are generally straightforward. Los Angeles and California are likely next. To our blog authors, these impending developments bring to mind the adventures of Buddy in the 2003 Christmas comedy entitled “Elf.” Early predictive scheduling laws only applied to retail establishments and restaurants, with limited penalties and no private right of action (i.e. 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. Seattle’s Secure Scheduling Ordinance and Emeryville and California’s Fair Workweek Ordinances took effect July of this year. 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. Santa Claus got run over by a power line in Sacramento. Do California Employers Have Any Scheduling Flexibility Options Left? Police in Pasadena, Long Beach pledged not to send license plate data to ICE. Do California Employers Have Any Scheduling Flexibility Options Left? People need the sleep.”. Of course there are several other articles worth reviewing, but that paid leave article is well worth a read. local, state and federal laws. Businesses in some states know they will not be affected by predictive-scheduling rules… 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. The City Council voted Wednesday in favor of imposing such rules. Faced with what officials describe as the largest fraud scheme against taxpayers in state history, the state Employment Development Department is scrambling to fix past mistakes as prosecutors, government auditors and legislators say their early warnings about vulnerabilities in the unemployment benefit system went unheeded. Fair workweek laws, also known as “predictive scheduling laws,” are relatively new phenomena throughout the United States. 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. Congress’ leaders reach a bipartisan deal providing direct payments to most Americans, continuing small business loans and extending jobless aid with a bonus. California dropped its guard before it was hit with $2 billion in unemployment fraud. Predictive scheduling In November 2014, San Francisco became the first U.S. jurisdiction to pass predictive scheduling legislation. Predictive scheduling laws are spreading across the country, and if your restaurant operates in an affected area, you'd better be prepared. 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. 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. “Predictive scheduling is a relatively new movement on the local level with certain cities and other localities having passed laws,” said Jeffrey H. Ruzal, member of Epstein Becker Green, a national law firm with experience in labor and employment laws, and numerous industries, including hospitality. Why is that metric important? 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. 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 proposed ordinance will now be drafted by city lawyers and return to council members for another round of review before it can be approved. 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. 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 … “We don’t know exactly what the council will come up with,” Waldman said. 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. The two week suspension will now end today, marking the end of the two weeks. 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. 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. This will be increasingly complex for Los Angeles, as it 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. Population growth in California has slowed to a crawl. Emily Alpert Reyes covers City Hall for the Los Angeles Times. Changes caused by worsening wildfires in California forests will last centuries. 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. “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. On September 30th, Governor Newsom signed Assembly Bill 3075 into law which will extend successor liability for California Labor Code violations. She started dreaming up plans out loud. As a result, four cities and one state in the U.S. have passed predictive scheduling laws that make scheduling practices fairer for workers. 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 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. Make no changes to the employee schedule with less than seven days notice; changes made past that deadline … 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. As always, below are a couple articles that caught my eye this week. Home > Labor Law > Do California Employers Have Any Scheduling Flexibility Options Left?. Public health officials are anxiously tracking the capacity of intensive care units as coronavirus case numbers surge. Avoid the “naughty list” this year by ensuring compliance with these three California predictive scheduling laws: 1. These laws … The laws vary widely and are particularly focused on “on-call” shifts. First, retail employers covered by the San Francisco ordinance are required to: Provide an initial estimate of an employee’s work schedule upon hire “I’ve never seen snow.”. Home > Labor Law > Do California Employers Have Any Scheduling Flexibility Options Left?. First, retail employers covered by the San Francisco ordinance are required to: Provide an initial estimate of an employee’s work schedule upon hire A COVID-related illness is sickening a growing number of children in California. Workers need “the freedom to voice concerns about scheduling without fear of retaliation,” Harrison said. In 2014, San Francisco became the first city to pass a so-called predictive scheduling law. 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. 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? The European Medicines Agency has given conditional approval to the Pfizer-BioNTech COVID-19 vaccine, setting up a rollout in all 27 EU nations. 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). There’s a fundamental and widespread shift in the rights of shift workers across the country. 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. Times staff writer Margot Roosevelt contributed to this report. As the pandemic deepens economic instability among many families, the UCLA Foundation has contributed an extra $5 million this year to help struggling students. 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. 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. 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. Manager of Magic Castle’s operator resigns amid controversy. L.A. County on verge of becoming COVID-19 epicenter, Despite his boasts, Trump again is no deal-maker as Congress seeks pandemic relief bill, L.A.’s storied Magic Castle shaken by allegations of sexual misconduct, racism. 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. Employers would have to provide a “good faith estimate” of weekly hours when a worker is hired. Key issues that still need to be resolved include how the rules would be enforced, what kind of penalties businesses could face, and exactly how the city will define “retail businesses.”. employees could not sue for violations of the law). 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. Two Proposed Class Actions Filed By Former Mike Bloomberg Campaign Workers This could turn into an interesting story. 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. 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. No employment law exists in a vacuum, and predictive scheduling laws are no exception. 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. 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 … Los Angeles could require retailers to let workers know what days and hours they are scheduled to work at least two weeks in advance, under a plan moving forward at City Hall. 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. 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. If you haven’t heard the term predictive scheduling , you soon will. Avoid the “naughty list” this year by ensuring compliance with these three California predictive scheduling laws: 1. Editor's note: For a regularly updated list of predictive scheduling laws, see the predictive scheduling law tracker. 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. With the bustling holiday season upon us, covered employers should make … Alternative workweek scheduling in California allows nonexempt employees to work more than eight hours per day without requiring daily overtime payment. Los Angeles and California are likely next. Predictive scheduling laws are specifically targeted to businesses in industries where on-call scheduling, hourly employees and minimum wage employees are most common. Similar predictive-scheduling mandates have been adopted or proposed in a number of jurisdictions across the nation. Predictive scheduling laws have already been implemented in San Francisco, San Jose, and Seattle. Workers with erratic schedules are twice as likely to go hungry as similar workers with stable schedules, Harknett told a council committee in June. First, consider predictive scheduling laws, which require employers to abide by certain scheduling procedures and penalize those that do not. 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. 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. 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. “Even going to church has been a lot of difficulty,” said Laura Orantes, who has worked for three decades as a clerk at a Rite Aid in South L.A. Orantes said schedules are routinely posted just a few days in advance of the beginning of the work week, making it hard to plan time with her family. 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. A number of jurisdictions across the nation get up to speed with our Essential California newsletter, sent six a... 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