![]() Failure to properly pay employees under predictability pay rules can create federal and state wage and hour exposure as well. Accordingly, the differences in predictive scheduling laws not only require different scheduling policies, they require tailored and distinct payroll practices as well. Though most laws require employers to pay their employees predictability pay when their schedules are changed without advance notice, many laws contain different requirements regarding the amount of predictability pay owed, as well as exceptions to predictability pay entitlement. ![]() Connecticut, Illinois, Maine, Michigan, Minnesota, New Jersey, North Carolina and Rhode Island all have predictive scheduling laws or equivalents under consideration. Looking at 2021 and beyond, that list is likely to grow. The laws in these jurisdictions are similar but different enough to discourage larger employers from creating company-wide policies and procedures for national compliance. So far, two states - Vermont and Oregon - and eight municipalities - San Francisco, Berkeley, Emeryville, San Jose, Seattle, New York, Chicago and Philadelphia - have passed laws. Many jurisdictions have considered, or are considering, passing predictive scheduling laws. Where have predictive scheduling laws been passed? As an employer, you would do well to heed these laws and take appropriate steps to ensure you are compliant. The result is a patchwork of new laws, with limited guiding precedent and substantial penalties for noncompliance. Moreover, these laws often require dramatic departures from historical hiring and scheduling practices. This is because the legislation is relatively new and varies by city. While these laws are well intentioned, they do present significant challenges for employers in terms of staffing, costs, document retention and general compliance. However, more recent predictive scheduling laws cover a much broader array of industries, with far more draconian penalties, and allow for employee-initiated class action litigation. employees could not sue for violations of the law). ![]() Early predictive scheduling laws only applied to retail establishments and restaurants, with limited penalties and no private right of action (i.e. These predictive scheduling laws are designed to provide stability to individuals so that they can attend to their child care, health, education and, in many cases, second jobs. Over the past five years, the United States has seen a wave of new predictive scheduling laws aimed at providing employees with more predictable work schedules. ![]()
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