LABOR LAW NEWS

Chicago Considers New Predictive Scheduling Law

By Kris Janisch
Published on July 23, 2019

Chicago Predictive Scheduling Law July 2019

The idea behind predictive scheduling is to give hourly employees more work-life flexibility.

UPDATE (July 26, 2019): Chicago appears poised to pass the ordinance. It also requires a posting notice.

Original post:

Restaurant and hospitality employers in the Windy City, take note: Chicago is considering enacting a predictive scheduling law.

Though a similar measure was defeated last year, new Chicago Mayor Lori Lightfoot in late May reintroduced the proposal with some changes, according to the National Law Review. If enacted, the ordinance would go into effect July 1, 2020.

As proposed, the Chicago Fair Workweek Ordinance would:

  • Require employers to give workers 10 days advance notice of their schedules
  • Impose penalties for last-minute changes to schedules
  • Require businesses to give new employees expected median hours
  • Notify the employee if he or she can expect any on-call shifts
  • Offer existing employees additional work before hiring new workers

Also, should Chicago move forward with the measure, employers would have to give workers 14 days advance notice of their schedules starting in 2022.

Lightfoot “believes that Chicago needs a Fair Work Week that will guarantee stable schedules to hundreds of thousands of our workers,” a spokeswoman told the Chicago Tribune. “Too many Chicagoans are either saddled with workweeks that never end, or are working too few hours to make ends meet.”

Predictive Scheduling: A Growing Trend

The idea behind predictive scheduling is to give hourly employees more work-life flexibility.

Essentially, predictive scheduling requires employers to provide employees with their work schedules ahead of time. Such laws may also eliminate on-call scheduling — when employers make workers call in shortly before their work shift starts to see if they need to report to work that day.

There are laws passed on this in: San Francisco, Seattle, Emeryville, Calif., New York City, Oregon, San Jose, Calif., and Washington, D.C.

While they are all a bit different, they basically follow a similar set of rules:

  • Schedules need to be posted in advance — generally between 7-14 days before the first scheduled shift.
  • Extra pay must be provided to employees if an employer changes the schedule after it is posted.
  • Employees need an adequate rest period between shifts unless the employee volunteers to work during the rest period.
  • Employers need to keep records regarding the scheduling for a certain period of time.

Oregon is the first state to pass this type of legislation.

For more information on predictive scheduling, check out our blogs on:

Related blog: Predictive Scheduling at a Glance

CRTRA

Predictive scheduling could be a discussion topic at the Chain Restaurant Total Reward Association’s Annual Conference.

Currently underway in Minneapolis, the CRTRA event brings together experts in the field for compliance updates, benefits best practices legislative updates and more.

GovDocs will have representatives in attendance. Visit them at Booth 3.

This Labor Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel.

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