Predictive Scheduling

What you need to know and how to be ready

Predictive Scheduling (sometimes called “Fair Workweek”) laws are spreading to new states – requiring employers to post schedules for their employees in advance. While these laws vary by state and locality, the workforce management mandates are certainly taking off.

For the hospitality industry, last-minute, on-call scheduling has long been the norm. The shift to fully solidified schedules can be a challenge. While these laws are designed to combat on-call scheduling, ensure rest periods between shifts, and provide advance notice with scheduling, non-compliance can put your business at great risk. Get the latest breakdown:

Contents

What’s Driving the Change?

Predictive scheduling regulations are spreading across the U.S. as lawmakers respond to the rise in part-time employment and unstable work hours. Since the 2008 recession, manufacturing jobs with consistent schedules have declined, while part-time service jobs have surged.

Roughly 94% of jobs created over the past eight years have been part-time. Approximately 27 million Americans work part-time, many juggling multiple jobs to make ends meet.

Advocates argue that unpredictable schedules make it difficult for workers to manage transportation, family responsibilities, education, and finances.

“Working while raising a child is difficult, but raising a child while working at a job with unpredictable scheduling and paychecks is virtually impossible.”

Toby Ann Stavisky, New York State Senator

You Have to Hear Both Sides

Restaurant operators argue that variable schedules are essential to managing fluctuating demand driven by weather, events, and seasonality. Margins are slim, labor costs are rising, and rigid scheduling requirements can increase costs and reduce flexibility.

San Francisco

San Francisco was the first U.S. city to implement predictive scheduling requirements with the Retail Workers’ Bill of Rights in 2014, later expanded to cover large chain restaurants and retailers.

Key Requirements

Seattle

Seattle’s Secure Scheduling Ordinance was passed in 2016, introducing “predictability pay” for schedule changes and requiring advance notice of work schedules.

Seattle Predictability Pay

New York City

New York City enacted Fair Workweek legislation in 2017, affecting tens of thousands of fast-food workers. The law requires predictable scheduling and limits back-to-back shifts.

Employer Obligations

Oregon

Oregon became the first state to implement predictive scheduling statewide with the Fair Work Week Act, effective July 2018.

Oregon Requirements

Philadelphia

Philadelphia’s Fair Workweek Employment Standards Ordinance took effect in 2020, covering large restaurant, hospitality, and retail employers.

Employee Rights

Chicago

Chicago’s Fair Workweek Ordinance took effect in 2020, requiring advance notice and premium pay for schedule changes for covered employees.

Key Provisions

So… How Do You Make It Work?

Compliance requires meticulous documentation, real-time scheduling visibility, and secure recordkeeping. Manual methods and spreadsheets are insufficient given the complexity of predictive scheduling laws.

Documentation Requirements

10 Things You’ll Need to Get Out in Front of Predictive Scheduling

Fourth Functionality to Support Predictive Scheduling Compliance

Fourth’s labor management solutions include configurable labor rules, compliance alerts, schedule audit reports, and electronic documentation to help operators meet predictive scheduling requirements.

Key Capabilities

Conclusion

Predictive scheduling legislation is expanding and unlikely to disappear. Operators that invest early in compliant scheduling technology will reduce risk, control costs, and improve employee satisfaction.

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