Just in Time Scheduling: What Every Employer Should Know. BETH BAERMAN Director of Communications & Compliance Attendance on Demand, Inc.

Transcription

1 Just in Time Scheduling: What Every Employer Should Know BETH BAERMAN Director of Communications & Compliance Attendance on Demand, Inc.

2 Agenda What is just in time scheduling and what s driving this trend? Legislation overview Differences in jurisdictions and industries Impacts on doing business Best practices

3 Caveats Information based on Our understanding of laws and evolving legislative efforts Evolving case law and expert interpretations Not legal advice

4 Drivers of Legislation

5 Income Volatility 41% have month-to-month income fluctuations of 30%+ Median-income expenses fluctuate 30% Average about $1,300 40% have 1+ major unexpected expense per year Many lack savings to meet unexpected expenses Financial instability impediment to retirement savings

6 Employers Viewed as Cause Improved technology for matching staffing to business demand Scheduling practices shift financial risk to workers Unpredictable scheduling Last-minute changes/cancellations

7 Employer Response Growing adoption of policies to address concerns Guaranteed minimum hours 2 3 weeks advance notice of schedules/changes Beneficial to employers Gap study: 2 week advance scheduling & no on-call schedules 5% increase in labor productivity 7% increase in median sales

8 Legislative Response Fair Scheduling Regulation Predictable Scheduling Predictive Scheduling Fair Workweek Fair Workplaces Workers Bill of Rights Secure Scheduling Opportunity to Work Work Schedules Schedules That Work

9 Overview of Scheduling Legislation

10 Jurisdictions with Fair Scheduling Laws

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12 States Considering Scheduling Legislation

13 Federal Bill Federal Schedules That Work Act Introduced 2017 Related bill 2015

14 Who s Impacted Large employers Specific industries Retail Food Service Hospitality Cleaning

15 States Preempting Scheduling Laws

16 Jurisdictions with Work Time Laws

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18 Who s Impacted Most non-exempt employees

19 Elements of Legislation

20 Employer/Employee Relationship Advance notice of schedules Right to request Promotion of full-time work Part-time parity

21 Penalty Payments to Employees Predictability pay On-call pay Reporting time pay Split shift pay Right to rest

22 Exceptions Employee initiated changes Requests Shift swaps Voluntary filling open shifts Business shutdowns Public/employee safety Utility outages Ticketed event changes beyond employer s control

23 Details by Jurisdiction & Industry

24 Predictability Pay for Changes to Schedules

25 Predictability Pay for Changes to Schedules

26 On-Call Pay When Employees Must Be Available to Work

27 Reporting Pay When Employees Are Sent Home Early

28 Reporting Pay When Employees Are Sent Home Early

29 Split Shift Pay When Gaps in Work Are Longer Than Meal Breaks

30 Right to Rest Compensation When Shifts Are Too Close

31 Advance Notice Schedules

32 Right to Request Employees can request flexible schedules and schedule changes without retaliation or negative impact.

33 Promoting Full Time Work Employers must offer additional hours to part time workers before hiring additional staff.

34 Part Time Parity Employers must offer pay, benefit, and advancement opportunities equally to fulland part-time employees.

35 Impacts on Doing Business

36 Impacts for Employers Scheduling & employment practices Additional staff training More record keeping Bigger expenses

37 Ordinances Promoting Full Time Work Significant new recordkeeping Post notices of employee rights Demonstrate compliance for each new hire Document prior offer of additional hours to existing employees Maintain records of employee work schedules any other records the office requires to demonstrate compliance

38 San Jose Opportunity to Work Ordinance Before hiring new employees, contractors or temporary staff: Post offer of additional hours in a conspicuous place in any languages spoken by 5% of employees offer of additional hours Meet with employees and offer additional hours

39 San Jose Opportunity to Work Ordinance Document and retain records Offers of additional hours to existing part-time employees Lack of qualifications of existing employees Or what? Right to sue Award of back wages Penalties of $50 per day per employee Attorneys fees and costs

40 Required Postings

41 Required Notice at Hire

42 Bundling of Fair Workweek Ordinances Sidebar issue in NYC enacted with Fair Workweek laws Applies to fast food establishments only

43 Best Practices

44 Your Best Practice To-Do List 1. Know the mandates in your area 2. Train your staff and employees 3. Automate as much as possible

45 1. Know the Mandates Keep up with laws in your area Advocacy groups National Women s Law Center: fair-work-schedules/ Fair workweek initiative: Professional associations SHRM resources APA resources Legal blogs

46 2. Train Staff & Employees Train staff Schedulers for notice and consequences Payroll for pay implications Inform employees Notice of laws Flexibility for employee initiated changes Implications for attendance-related discipline

47 3. Use Automation Look to software systems for help Employee-centric scheduling Automate shift bids and shift swaps Automate notification and penalty processes

48 Thank You! Contact Me BETH

49 To access these slides, please go to presentations.shrm.org attendanceondemand.com/shrm