How to Comply with Fair Work Week Laws

Local and state governments across the country are considering legislation and regulation on employee scheduling. Seattle, New York City, Oregon, and San Francisco have already put rules in place, and others are expected to do so in the near future. The following is a guide for employers on how to comply with fair work week laws.

Fair work week laws impose new rules on scheduling for hourly workers, including:

a. Predictable schedules well ahead of shift
b. Posted schedules/notifications
c. Archive schedules and changes for on-demand access
d. Premiums for schedule changes
e. Premiums for certain ‘clopening’ shifts
f. Penalties for violations
g. Added risk of civil suit

Companies affected vary by jurisdiction, employee count by location, total employee count across locations, and industry. Companies in these jurisdictions are already affected by fair work week laws:

• San Francisco
• San Jose
• Emeryville
• Seattle
• New York City
• Oregon
• Washington DC
• New Hampshire

The following jurisdictions are currently considering enacting similar fair work week laws:

• New York
• California
• Connecticut
• Illinois
• Maryland
• Michigan
• Minneapolis
• New Jersey
• Rhode Island
• Chicago

To help employers comply with these new regulations, there are proactive steps to take:

Make Accurate Schedules

1. Predictive scheduling driven by business need
2. Shift assignments driven by employee skills and preferences
3. Time-off request process driven by employees

Catch Potential Violations

1. Flag potential clopening violation — when individual works shifts too close together
2. Flag potential scheduling violation — when changing schedule too close to shift

Make sure you also keep good records of schedules, schedule changes, and communications or notifications.

How to Avoid Penalties

• Identify violations when they occur
• Add schedule change and clopening premiums to current payroll

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