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. “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. Backers of the proposal have estimated that it could affect roughly 70,000 workers across Los Angeles. As a result, four cities and one state in the U.S. have passed predictive scheduling laws that make scheduling practices fairer for workers. On September 30th, Governor Newsom signed Assembly Bill 3075 into law which will extend successor liability for California Labor Code violations. Juana Summers over at NPR wrote an article about t, some cities in the state have already approved similar measures, https://www.latimes.com/business/la-fi-retail-scheduling-20190302-story.html, New Laws for 2020: Assembly Bill 3075 (California). •Predictive Scheduling Is the New Minimum Wage •An attempt to provide predictability and income As the pandemic deepens economic instability among many families, the UCLA Foundation has contributed an extra $5 million this year to help struggling students. There are no predictive scheduling requirements in California 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. 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. Already, hospitals are struggling to keep up with the pace of new COVID-19 patients. 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. “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. “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. 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. Predictive scheduling laws are generally straightforward. Manager of Magic Castle’s operator resigns amid controversy. 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. Fast on the heels of the $15/hour movement, the cities of San Francisco, Seattle, New York, and now the state of Oregon, have all passed their own predictive scheduling laws. 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. These laws … 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. Santa Claus got run over by a power line in Sacramento. 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. 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.) Column: Reports of California’s demise are greatly exaggerated. 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. 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. 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. In 2014, San Francisco became the first city to pass a so-called predictive scheduling law. No employment law exists in a vacuum, and predictive scheduling laws are no exception. Avoid the “naughty list” this year by ensuring compliance with these three California predictive scheduling laws: 1. EU regulator gives conditional approval to Pfizer-BioNTech COVID-19 vaccine. You may occasionally receive promotional content from the Los Angeles Times. With the surge showing no signs of slowing down, L.A. County facilities are preparing for how to allocate care in a crisis situation. 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 … 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. Editor's note: For a regularly updated list of predictive scheduling laws, see the predictive scheduling law tracker. 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. 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. To the surprise of no one, San Francisco was the first locality to pass such a predictive scheduling law in 2014. As always, below are a couple articles that caught my eye this week. Predictive Scheduling Ordinance Introduced in Los Angeles City Council March 04, 2019 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. 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. Emily Alpert Reyes covers City Hall for the Los Angeles Times. See what other cities and states have passed laws related to predictive scheduling … “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. Predictive Scheduling: The Practical Impact of Newly Enacted Fair Scheduling Ordinances on “Clopenings” and Other Scheduling Issues Nannina L. Angioni Founding Partner Kaedian LLP Los Angeles, CA 2 PREDICTIVE SCHEDULING What is it? Times staff writer Margot Roosevelt contributed to this report. Two Proposed Class Actions Filed By Former Mike Bloomberg Campaign Workers This could turn into an interesting story. But records tell another story. 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. Though California does not yet have a such a law, San Francisco, Emeryville, and San Jose have adopted predictive scheduling ordinances. “Mental health is a big thing that we don’t address. Early predictive scheduling laws only applied to retail establishments and restaurants, with limited penalties and no private right of action (i.e. Predictive scheduling laws are specifically targeted to businesses in industries where on-call scheduling, hourly employees and minimum wage employees are most common. Business groups have been relatively muted so far in reaction to the measure. employees could not sue for violations of the law). Workers with erratic schedules are twice as likely to go hungry as similar workers with stable schedules, Harknett told a council committee in June. Los Angeles and California are likely next. California dropped its guard before it was hit with $2 billion in unemployment fraud. They shared it anyway. This will be increasingly complex for Los Angeles, as it Predictive scheduling laws require the payment of “predictability pay” for schedule changes and on-call shifts. The laws vary widely and are particularly focused on “on-call” shifts. Fair workweek laws, also known as “predictive scheduling laws,” are relatively new phenomena throughout the United States. Make no changes to the employee schedule with less than seven days notice; changes made past that deadline … 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. Councilman Curren Price, one of the proponents of the measure, framed it as an important step to follow on boosting L.A.’s minimum wage. 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. Predictive scheduling laws require the payment of “predictability pay” for schedule changes and on-call shifts. 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. Seattle’s Secure Scheduling Ordinance and Emeryville and California’s Fair Workweek Ordinances took effect July of this year. Los Angeles County Minimum Wage Ordinance COVID-19 - Los Angeles County Supplemental Paid Sick Leave; ... California Wage and Hour Law California Wage and Hour Law California’s wage and hour laws rank among the toughest in the nation. First, consider predictive scheduling laws, which require employers to abide by certain scheduling procedures and penalize those that do not. People need the sleep.”. Get up to speed with our Essential California newsletter, sent six days a week. First, retail employers covered by the San Francisco ordinance are required to: Provide an initial estimate of an employee’s work schedule upon hire Any mandate to increase advance notice will have a significant impact to the scheduling process and will require system changes, technology and process changes as well as employee training. Seattle and New York introduced similar laws in 2016. San Francisco was the first to enact scheduling regulations with its Formula Retail Employee Rights Ordinance in 2014. Predictive scheduling laws are spreading across the country, and if your restaurant operates in an affected area, you'd better be prepared. 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 … Do California Employers Have Any Scheduling Flexibility Options Left? “I would like to go out camping,” she said. 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. Home > Labor Law > Do California Employers Have Any Scheduling Flexibility Options Left?. 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. 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. 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