Tag Archives: employee scheduling

NEW LAW: Philadelphia Passes Predictable Scheduling Law

The Philadelphia City Council recently passed the Fair Workweek Employment Standards Ordinance. Under this new law, which goes into effect on January 1, 2020, bring predictable scheduling requirements to large retail, hospitality and food service employers in Philadelphia.

Who is considered a large retail, hospitality and food service employer?

For purposes of the new law, a “large employer” is any retail, hospitality and food service employer who employs 250+ employees (full-time, part-time, or temporary) and has 30 or more locations worldwide.

Most importantly, the law considers franchises with separate ownership, but part of the same chain of business (e.g. all McDonalds franchises in Philadelphia) as the same “large employer” for purposes of this law. This means that many (if not all) franchise businesses in Philadelphia will be subject to this new law. Continue reading NEW LAW: Philadelphia Passes Predictable Scheduling Law

New Wage and Hour Restrictions For NY City Fast Food And Retail Industry Employers

New York City Mayor Bill de Blasio recently signed the “Fair Workweek” bills into law. This “bill package” includes 5 bills that will place new restrictions on retail and fast food employers with regard to employee scheduling, hiring, and pay practices starting November 26, 2017 (when the laws go into effect).

Retail Employees

Only one of the bills (Int 1387) in the package effects retail employers in NYC by imposing new requirements relating to the scheduling of retail employees. For purposes of this law, a retail employer is a business with 20 or more employees primarily engaged in the sale of consumer goods at one or more stores in New York City.

Under this law, retail employers are:

  • Prohibited from scheduling retail employees to “on-call” shifts (i.e. Requiring a retail employee to be available for a defined period of time without guaranteeing the employee an actual shift)
  • Required to provide retail employees with a written copy of their work schedule at least 72 hours before the start of the employee’s first shift
  • Required to provide retail employees with at least 72 hours’ advance notice before adding, canceling or changing a retail employee’s scheduled shift
    • Exceptions apply for special circumstances, like a state of emergency or natural disaster and
    • Employees are still able to voluntarily trade shifts and voluntarily request time off

The new law also imposes new recordkeeping and posting obligations on retail employers:

  • All work schedules for a location must be “conspicuously posted” at least 72 hours prior to a shift. If a work schedule is normally distributed electronically, then the schedule must be circulated electronically within this timeframe.
  • Retail employers must keep employees’ schedules for any week for a period of 3 years and provide copies of past schedules upon request.

Retail employees who are covered by a valid collectively bargaining agreement are exempted from these requirements provided that

  1. the CBA expressly addresses scheduling and
  2. the provisions of the bill are expressly waived in the CBA.

Fast Food Employers

The remaining four bills effects fast food employers in NYC. For purposes of these laws, a fast food employer is an establishment:

  • with the primary purpose of serving food or drink;
  • where patrons order and pay before eating;
  • that are part of a chain; and
  • that are one of 30 or more establishments nationally (considering franchisor and franchisee together).

The first bill (Int. No. 1388) prohibits fast food employers from scheduling employees to work “consecutive work shifts”. Under this law, fast food employees must be provided a minimum of 11 hours between the end of one shift and the start of another. If an employee works a consecutive shift, the employee must be paid $100 for each consecutive shift worked.

The second bill (Int. No. 1395) addresses fast food hiring. Under this law, when a new shift comes available, fast food employers are required to offer the new shifts to existing employees at that location before hiring a new employee to work the shift and/or before transferring an employee from another location.

In addition, when a new shift is available, fast food employers are required to post a notice indicating that a shift is available and keep this offer open for at least three days. This notice must also be provided to employees electronically. Finally, if a current employee accepts the shift, the employee may be entitled to receive a “shift change premium” (explained below).

The third bill (Int. No. 1396) requires fast food employers to provide employees with advanced notice of their work schedule. Under this law, fast food employers are required to provide employees with their schedules for a 7-day workweek at least 14 days before the first scheduled shift. Failure to adhere to these scheduling requirements results in a “shift change premium,” being paid to effected employees, which can range from $10 to $75 per occurrence.

The fourth bill (Int. No. 1384) allows employers to, upon receipt of written authorization from the employee, deduct voluntary contributions to covered not-for-profit organizations from employees’ paychecks. In addition, once an employee authorizes such a deduction, employers are required to remit the deducted monies to the organization no later than 15 days after the deduction is made.

The new law also imposes new recordkeeping and posting obligations on fast food employers:

  • All work schedules for a location must be “conspicuously posted” at least 72 hours prior to a shift. If a work schedule is normally distributed electronically, then the schedule must be circulated electronically within this timeframe.
  • Fast food employers must keep employees’ schedules for any week for a period of 3 years and provide copies of past schedules upon request.

Take home for NYC Retail and Fast Food Employers

As stated above, these new laws go into effect on November 27, 2017. Prior to the effective date, it is recommended that NYC retail and fast food employers take the following actions:

  • Review the new laws and familiarize yourself with the new obligations under these laws;
  • Train your managers, supervisors, and persons responsible for creating the schedule on the new scheduling requirements and create procedures for these employees to follow when scheduling employees;
  • Develop a system to track/verify that the scheduling requirements are being met and to track for schedule changes that occur after notice deadlines have passed, so that employees can receive the “shift change premium;”
  • Consult with your payroll provider and verify that they have the ability to include the “shift change premium” payments in payroll;
  • Implement record-retention practices that are consistent with these new laws; and
  • Prepare consent notices to be issued to employees who voluntarily agree to shift changes or trade shifts with other employees.