Compliance Trends to Watch Part I: Fair Scheduling

At the end of each calendar year, we concern ourselves with the compliance trends to watch for in the upcoming year. Two of these trends – fair scheduling and pay equity laws - are worth another look as they continue to gain momentum.

Fair Scheduling Laws.   "Fair" or "predictive" scheduling laws require employers to follow certain scheduling practices and typically cover employees in the retail, food services, and in some cases, hospitality industries. While these laws differ among jurisdictions, they typically have the following components in common:

• Good faith estimate. At the time of hire, employers must provide a written, good faith estimate of the number of hours an employee can expect to work per week.
• Advance notice of schedules. Employers must provide a written work schedule in advance (usually at least 14 days) that outlines regular and on-call shifts.
• Work schedule requests. Employees have the right to identify preferences for the hours or locations of work and to request to not be scheduled for certain shifts or locations.
• Notice of schedule changes. Employers must provide employees with a certain amount of advance notice before any schedule changes.
• Premium pay for certain schedule changes. Employers must provide employees with premium pay if they change their schedule outside the minimum notice window.
• Access to additional work hours. Employers must offer additional work hours to qualified existing employees before hiring external employees.
• Poster. Employers must post a notice of employees' rights under the law.
• Recordkeeping. Employers must retain certain records related to scheduling employees.

To date, the following jurisdictions have enacted scheduling laws:

Fair Scheduling Best Practices.

Here are some scheduling best practices for all employers to consider:

• Make accurate projections. Make projections based on the amount and type of work that needs to get done, when it must be done, and the talent and resources you have available. Consider your employees' availability, preferred shifts, and desired number of hours per week.
• Ensure proper balance in staffing. During each shift, make sure you have enough supervisors and experienced employees to ensure that your business runs smoothly.
• Keep an eye on overtime. Extensive overtime can drive up labor costs and lead to lower productivity and morale. Monitor overtime closely and consider its impact when scheduling employees.
• Provide enough time off between shifts. Provide employees with enough rest in between shifts, especially for safety-sensitive positions. Note: Certain federal, state, and local laws place restrictions on the number of hours an employee can work per week and how much time off must be provided between shifts.
• Track vacation, sick, and other paid time off. Track time-off requests closely and look for certain times of the year or days of the week where requests spike and plan accordingly.
• Use pilots for new product or service launches. If you are unsure how a new product or service may affect your staffing needs, consider using a pilot to help gauge the impact.
• Consider shift swaps and cross-training. Allowing employees to swap shifts can make it easier to maintain adequate staffing levels and give employees flexibility when work-life conflicts arise. Consider cross-training employees to make it easier to find a back-up for unscheduled absences.