There has been proposed legislation in California for predictive scheduling requirements, but as of 2020, none of these bills have passed. “Retail store establishment” means a physical store within the state with more than 50 percent of its revenue generated from merchandise subject to the state’s sales and use tax. Code Regs., tit. Los Angeles now seeks to join the fray. Therefore there is nothing owed to the employee in this example. Nearly every year the California legislature debates some type of predictive scheduling requirement. 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. See what other cities and states have passed laws related to predictive scheduling for employees in our 2018 update. In addition, businesses who can demonstrate … We aim to provide timely, topical information on the challenges that California employers face. Overview. Which employers would be covered? However, this law could also work in your favor as research shows giving hourly employees more work-life flexibility is fundamental to keeping them happier and (hopefully) more engaged. However, if the employer schedules the employee to come into work for two hours or less, and the employee works at least one half of the scheduled shift, the employer is only required to pay for the actual time worked and no reporting time is owed. ), What is required under the law? Likewise, in Morillion v. Royal Packing Co., the California Supreme Court held that, “we conclude the time agricultural employees are required to spend traveling on their employer’s buses is compensable under Wage Order No. employees could not sue for violations of the law). See Mendiola v. CPS Security Solutions, Inc. Secondly, the employee must work for the employer at least 2 hours in a calendar week in the city limits of San Jose. Cal/OSHA Approves Temporary COVID-19 Standard, Fall Into Handbook And Policy Update Season, Buddy the giant Elf on his undersized father’s knees, San Francisco’s 10-Day Travel Quarantine Order Tells Holiday Travelers to Stay Home, Though Santa Likely Excepted, Asked and Answered: Updates on California’s Pay Data Reporting Law, ERISA & Employee Benefits Litigation Blog, Workplace Safety and Environmental Law Alert Blog. These predictable scheduling laws tend to share several commonalities: Advance notice to employees of work schedules. Provide employee schedules at least 2 weeks in advance; 2. The bill would additionally require employers to provide “modification pay” to an employee (1) for each previously scheduled shift that the employer cancels or moves, (2) for each on-call shift where the worker is not called in, and (3) for previously unscheduled shifts that the employer requires an employee to work. At the time of writing, predictive scheduling is a legal requirement in eight cities and states. 2(Q). Predictive scheduling laws also often require businesses to adopt computerized automated scheduling systems that need training and steep fees to purchase and use. And the cons affect workers, too. Seattle’s Secure Scheduling Ordinance and Emeryville and California’s Fair Workweek Ordinances took effect July of this year. Seyfarth Synopsis. These are some of the questions I’ve dealt with lately about scheduling requirements in California. 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. See Cal. Employers with at least 250 employees and 30 locations must post schedules 10 days in advance as of April 1, 2020. Faithful readers will recall our November 2017 piece on local predictive scheduling ordinances. The measure was co-sponsored by City Council President Herb J. Wesson, Jr. and Councilmember Paul Koretz. She works 10:00 a.m. to 1:00 p.m., and then again from 3:00 p.m. to 8:00 p.m. States that have adopted predictive scheduling laws also include New York, California, Washington and Illinois, as well as several others. Retail and chain restaurant employers required to post employee schedules two weeks in advance. Published by Seyfarth Shaw LLP, this blog is for in-house attorneys, HR professionals, business owners, and managers who face real issues on a daily basis and need practical solutions to address them. A split shift is defined in the California IWC Wage Orders as: …a work schedule, which is interrupted by non-paid non-working periods established by the employer, other than bona fide rest or meal periods. See my prior post on Aleman v. AirTouch for a more detailed discussion. This law, and others proposed since 2016 have not become law. Posted in 2020 Cal-Peculiarities. Can California employers change schedules for employees without notice? Jessica Duboff of the Los Angeles Area Chamber of Commerce signaled that the Chamber will oppose the measure, stating that “[p]redictive scheduling is often actually restrictive scheduling, imposing a one-size-fits-all system that threatens the flexibility of employees and employers.”, Which employers would be covered? In Ward, the plaintiff was required to contact the employer two hours before the start of her on-call shifts to determine if she was required to come into work for that shift. Currently, Oregon has the only statewide predictive-scheduling law. According to the LA Times, this ordinance would affect operations of numerous major retailers doing business in the expansive Los Angeles area. By Jan. 1, 2021, the advance notice increases to 14 days. Should the Los Angeles and California measures pass, they would impose stringent new scheduling requirements, with concomitant potential statutory penalties. In addition, if an employee is required to report to work a second time in any one workday and is furnished less than two hours of work on the second reporting, he or she must be paid for two hours at his or her regular rate of pay. Code Regs., tit. To our blog authors, these impending developments bring to mind the adventures of Buddy in the 2003 Christmas comedy entitled “Elf.” See https://en.wikipedia.org/wiki/Elf_(film). Predictive scheduling laws are laws that require employers to post employees’ work schedules a certain amount of time in advance and penalize employers for last minute changes to schedules. While these laws are well … ... San Fransico, California (Retail Employee Rights Ordinance) San Jose, California (Opportunity to Work Ordinance) Emeryville, California (Fair Workweek Ordinance) … After San Francisco passed its Formula Retail Employee Rights Ordinances in November of 2014, making it the first jurisdiction to impose scheduling requirements on private employers, predictive or fair scheduling laws were considered in various jurisdictions throughout the United States, but failed to take hold. One important thing to do is to take the time think about best practices for compliance with any predictive scheduling law. 4(C). What Makes California Employment Law Different ... and How to Deal With It. 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. Reporting time pay: meetings and calls into work. Given these facts, the court agreed with the employee, and held that requiring employees to call into work two hours prior to their scheduled shift to see if they were needed at work trigger reporting time pay. The Court held that the employer was not permitted to exclude the time guards spent sleeping from the compensable hours worked in 24-hour shifts. 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. SB 850 closely resembles Senator Levya’s previous “predictive scheduling” bill—SB 878, the “Reliable Scheduling Act of 2016”—which died in committee. This requires that when an employee is required to report for work and does report, but is not put to work or is furnished less than half said employee’s usual or scheduled day’s work, the employee shall be paid for half the usual or scheduled day’s work, but in no event for less than two (2) hours nor more than four (4) hours, at the employee’s regular rate of pay, which cannot not be less than the minimum wage. Employers must remember, when an employee is scheduled to work, the minimum two-hour pay requirement applies only if the employee is furnished work for less than half the scheduled time. 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