Oregon Predictive Scheduling Laws are a First

Oregon predictive scheduling laws went into effect in 2018 and require on-call scheduling to cease and be replaced with more stable schedules for employees.

The law applies to companies with at least 500 employees, and especially impacts retail, hospitality, and restaurant workers, reports hrdive.com.

Also known as the Fair Scheduling Law, on-call employees in Oregon were given stable work schedules that would not control the majority of their time outside of work.

Overview of Predictive Scheduling Laws

Swipeclock.com says that under Oregon predictive scheduling laws, employers must provide workers a reliable, “good faith” estimate of their work schedule when hired, and must have the work schedules written seven days in advance.

In 2020, employers will be required to provide employee schedules at least 14 days in advance and to pay workers a fee if the schedule is changed on short notice. One hour of extra pay should be added to an employee’s paycheck when:

• More than 30 minutes are added to an employee’s schedule without notice
• Changes are made to the work schedule without loss of hours worked
• Additional shifts or on-call shifts are added to the schedule without notice
• There are on-call shifts that employee is not called into work

Retail, resorts and fast food businesses
often use on-call work schedules to have a set number of employees per given shift. This is because the number of customers to serve can fluctuate between shifts, so companies can save money by only having a certain number of employees work during a given period.

The Employment Law Handbook notes that, under the Fair Labor Standards Act (FLSA), if an employee is waiting to be called with the freedom to use their time as they want, the hours waiting for the phone call are not considered hours worked.

However, this can be inconvenient for workers, who often have to call two hours before they’re scheduled to work to see if they are needed.  Even when employees show up and dressed for work, they may find their shift canceled without advance notice.

Workers are also not compensated for any arrangements they had to make, such as childcare and medical appointments.

In addition, on-call shifts cannot be swapped between employees even if another worker could be available during the shift in question. In general, on-call shifts greatly interfere with employees’ personal lives and may make it difficult for them to predict the amount of their paychecks.

Oregon predictive scheduling laws were the first statewide implementation of this kind, which may encourage other states to follow suit. At least 12 other states have considered predictive scheduling laws, and cities like New York City and San Francisco have adopted these employment policies.

The new Oregon law does not exempt union employees, though some employers have argued that they need the flexibility of on-call employees to meet fluctuating consumer demand at different times of day. Advocates counter that stable work schedules will produce more productive employees.

Join a Free On-Call Shift Lawsuit Investigation

If you work or are scheduled for on-call shifts in retail or fast food in Oregon or California, you may qualify for this on-call worker class action lawsuit investigation.

Learn More

This article is not legal advice. It is presented
for informational purposes only.