As Predictive Scheduling legislation spreads across the nation, we continue to build new features that help managers meet their compliance obligations. HotSchedules already supports key provisions including the right to rest (aka: no more clopenings!), advanced notice, good faith estimates, and employee input to schedules, as well as general record-keeping requirements. This month we expand on these capabilities with support for the optional Oregon Voluntary Standby List (VSL) provision.
Oregon was the first to enact state-wide Predictive Scheduling legislation. State lawmakers were responsive to their hourly workforce, who reported having less than 24 hours notice of their schedules and a whopping 44 percent of whom said they were scheduled for clopenings, according to a report from the University of Oregon and Portland State University. Enacted in July 2018, the scope of this ruling includes retail, hospitality or food service employers with 500 or more employees. Don’t worry, though — fines do not begin until January and HotSchedules is here to help.
Read on to find out what’s new and watch this short video to learn how to implement a VSL in your operation.
Voluntary Standby List: A Great Option for Both Employer and Employee
While many of the Predictive Scheduling provisions can be a burden to the employer and even the employee in some cases, this one offers a benefit to both parties. It allows the employer to maintain a standby list of employees who want to work additional hours without the burden of penalty pay. While the intent of the legislation is to protect employees from changes to their schedule, this offers back some flexibility for when they just want to pick up a few extra hours. Once your employees opt-in with either the mobile or web app, they will be flagged in the Scheduler making it easy to offer additional shifts to your volunteers. This feature is available and ready to use today!
Manager Tip: Broadcast messages are a great way to let your whole team know that they can join the Voluntary Standby List. Just direct them to their personal settings tab for a one-click opt-in.
Advance Notice Period – Documenting Schedule Edit Reasons
A common Predictive Scheduling provision is the advanced notice period. For Oregon, this means that the schedule must be posted seven days in advance and changes after the fact could result in penalties.
An additional protection has been added to the Scheduler so that managers can document the reason behind any schedule change during the advanced notice period. Last minute changes and the associated reasons will be reflected in the Schedule Audit Report.
Advance Notice Period – Employee Acknowledgement of Schedule Changes
Coming later this month, employees will be able to acknowledge schedule changes within the apps. This allows managers to notify employees of changes outside of the advance notice period and document acceptance. If the employee disagrees with the change, a manager can make alternate plans or change the reason to Involuntary in order to capture potential penalty pay.
Want to Learn More?
As Labor Compliance continues to evolve, HotSchedules is here to help managers schedule with confidence. If you would like to ensure that you are taking full advantage of all that HotSchedules has to offer, reach out to Customer Care or your Customer Success Manager. You can also register to attend our next Labor Compliance webinar on October 11. We hope to see you there!
The materials and information included on this page are provided for informational purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances.
HotSchedules recommends that you consult an attorney licensed to practice law in your state for a professional analysis of the employment and other laws that impact your business.