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. 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. 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.”. You may occasionally receive promotional content from the Los Angeles Times. 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. 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. 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. “Mental health is a big thing that we don’t address. Public health officials are anxiously tracking the capacity of intensive care units as coronavirus case numbers surge. But records tell another story. 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. She started dreaming up plans out loud. Home > Labor Law > Do California Employers Have Any Scheduling Flexibility Options Left?. San Francisco: Formula Retail Employee Rights Ordinance. 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. 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. With the bustling holiday season upon us, covered employers should make … And 44% said they had worked “clopening” shifts. 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. 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. Similar predictive-scheduling mandates have been adopted or proposed in a number of jurisdictions across the nation. Predictive scheduling laws require the payment of “predictability pay” for schedule changes and on-call shifts. On September 30th, Governor Newsom signed Assembly Bill 3075 into law which will extend successor liability for California Labor Code violations. 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. 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. L.A. Unified will not reopen campuses when the spring semester starts Jan. 11. Business groups have been relatively muted so far in reaction to the measure. 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. Seattle’s Secure Scheduling Ordinance and Emeryville and California’s Fair Workweek Ordinances took effect July of this year. Predictive scheduling laws have already been implemented in San Francisco, San Jose, and Seattle. Avoid the “naughty list” this year by ensuring compliance with these three California predictive scheduling laws: 1. Employers would have to provide a “good faith estimate” of weekly hours when a worker is hired. 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. 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 … employees could not sue for violations of the law). First, retail employers covered by the San Francisco ordinance are required to: Provide an initial estimate of an employee’s work schedule upon hire First, consider predictive scheduling laws, which require employers to abide by certain scheduling procedures and penalize those that do not. Predictive scheduling laws are generally straightforward. First, retail employers covered by the San Francisco ordinance are required to: Provide an initial estimate of an employee’s work schedule upon hire Manager of Magic Castle’s operator resigns amid controversy. San Francisco was the first to enact scheduling regulations with its Formula Retail Employee Rights Ordinance in 2014. 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. 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. 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. Why is that metric important? 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. 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. ), 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. 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. Emily Alpert Reyes covers City Hall for the Los Angeles Times. California dropped its guard before it was hit with $2 billion in unemployment fraud. 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. With the surge showing no signs of slowing down, L.A. County facilities are preparing for how to allocate care in a crisis situation. Congress’ leaders reach a bipartisan deal providing direct payments to most Americans, continuing small business loans and extending jobless aid with a bonus. 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. 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. 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. To our blog authors, these impending developments bring to mind the adventures of Buddy in the 2003 Christmas comedy entitled “Elf.” 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. 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 laws vary widely and are particularly focused on “on-call” shifts. Do California Employers Have Any Scheduling Flexibility Options Left? 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. The laws vary widely and are particularly focused on “on-call” shifts. Column: Reports of California’s demise are greatly exaggerated. L.A. County outlines wrenching moves to ration healthcare if COVID-19 hospital crisis worsens. 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. 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. Congressional leaders reach deal for nearly $900-billion coronavirus aid package. Editor's note: For a regularly updated list of predictive scheduling laws, see the predictive scheduling law tracker. As a result, four cities and one state in the U.S. have passed predictive scheduling laws that make scheduling practices fairer for workers. 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 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. Police in Pasadena and Long Beach vowed data from license plate readers wouldn’t be used to enforce civil immigration laws. 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. 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. 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. Fair workweek laws, also known as “predictive scheduling laws,” are relatively new phenomena throughout the United States. To our blog authors, these impending developments bring to mind the adventures of Buddy in the 2003 Christmas comedy entitled “Elf.” These laws … “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. Changes caused by worsening wildfires in California forests will last centuries. Los Angeles City Councilman Curren Price, show in 2014, called the measure an important step following the boost in L.A.'s minimum wage. Home > Labor Law > Do California Employers Have Any Scheduling Flexibility Options Left?. 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. A COVID-related illness is sickening a growing number of children in California. •Predictive Scheduling Is the New Minimum Wage •An attempt to provide predictability and income EU regulator gives conditional approval to Pfizer-BioNTech COVID-19 vaccine. 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. Get up to speed with our Essential California newsletter, sent six days a week. 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. When asked what it would be like to get her schedule two weeks in advance, her eyes suddenly brightened. “I’ve never seen snow.”. “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. There’s a fundamental and widespread shift in the rights of shift workers across the country. Supermarkets in L.A. County see unprecedented coronavirus infection rates. 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 … Already, hospitals are struggling to keep up with the pace of new COVID-19 patients. 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.) Early predictive scheduling laws only applied to retail establishments and restaurants, with limited penalties and no private right of action (i.e. Alternative workweek scheduling in California allows nonexempt employees to work more than eight hours per day without requiring daily overtime payment. Workers with erratic schedules are twice as likely to go hungry as similar workers with stable schedules, Harknett told a council committee in June. 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 city of Los Angeles recently introduced a motion calling for a predictive-scheduling ordinance. Lawmakers should care anyway. 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. 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. New York City’s law will take effect November 2017.San Francisco employers must: 1. 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. Los Angeles and California are likely next. 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. Once posted, however, employers are penalized for making any scheduling changes. 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. 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. Do California Employers Have Any Scheduling Flexibility Options Left? Workers need “the freedom to voice concerns about scheduling without fear of retaliation,” Harrison said. Seattle and New York introduced similar laws in 2016. Even more — 77% — said that they got a week or less notice of their work schedule. 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. 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. 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. If you haven’t heard the term predictive scheduling , you soon will. Lawmakers should interpret this a sign to finally address the affordable housing crisis in a big way. Fair workweek laws, also known as “predictive scheduling laws,” are relatively new phenomena throughout the United States. Of course there are several other articles worth reviewing, but that paid leave article is well worth a read. Why? The European Medicines Agency has given conditional approval to the Pfizer-BioNTech COVID-19 vaccine, setting up a rollout in all 27 EU nations. Predictive scheduling laws are spreading across the country, and if your restaurant operates in an affected area, you'd better be prepared. 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. “We don’t know exactly what the council will come up with,” Waldman said. Though California does not yet have a such a law, San Francisco, Emeryville, and San Jose have adopted predictive scheduling ordinances. 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. “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. 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. Population growth in California has slowed to a crawl. See what other cities and states have passed laws related to predictive scheduling … People need the sleep.”. Make no changes to the employee schedule with less than seven days notice; changes made past that deadline … As the pandemic deepens economic instability among many families, the UCLA Foundation has contributed an extra $5 million this year to help struggling students. Provide employee schedules at least 2 weeks in advance; 2. 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 … “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. representative questioned why the measure appeared to be singling out particular industries, including grocery stores. 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