NEW LAW: Predictive Scheduling Coming to Philadelphia

Philadelphia Mayor Jim Kenney recently signed the Fair Workweek Employment Standards Ordinance into law. The new law, which goes into effect on January 1, 2020, will impact employee scheduling if the employer:

  • Is in the retail, hospitality, or food service industries;
  • Has 250 or more employees (including full and part-time); and
  • Has 30 or more locations worldwide in.

Employers must provide newly hired employees a “Good-faith” estimate of their work schedule which includes:

  • The average number of work hours the employee can expect to work each week over a typical 90-day period.
  • The expectation to work any on-call shifts,
  • Days and times the employee can typically expect to work and when they can expect to be off work.
  • A written work schedule through the end of the currently posted work period (provided before the first day of work).

Employers must provide current employees a posted work schedule in a conspicuous place with the following:

  • The schedule must be posted no later than 10 days before the scheduled period in 2020 and 14 days before the scheduled period beginning in 2021.
  • This may be posted in an electronic format if all employees have easy access to the schedule.
  • Employees must be provided a revised schedule within 24 hours of any changes.
  • Employees are permitted to decline additional hours/ shifts that are not included on the posted work schedule. If the employee voluntarily accepts additional work, it must be accepted in writing.

Employees may be entitled to predictability pay (in addition to their regular wages) when there are employer-initiated changes in the posted schedule:

  • If the change in hours results in lost hours because it was removed from a regular or on-call shift or the shift was canceled, the predictability pay will be no less that ½ of the employee’s regular hourly rate for every lost hour.
  • If the change does not result in lost hours, the predictability pay will be 1 hour of pay at the employee’s regular rate.

When scheduling employees, employers must also:

  • Offer additional shifts to existing employees following specific guidelines.
  • Provide 9 hours of rest time between shifts. If the employee agrees to work with less rest time, the agreement must be in writing and they must be paid an additional $40 for each such shift.

Covered Employers must post an agency-provided notice in a conspicuous place for applicants and employees. This notice has not yet been released .