In recent years there has been a growing interest in law making that would require employers to give employees advance notice of their work schedules, pay them for reporting to work as scheduled and for time they are “on call”, and give them the right to request schedule changes without fear of retaliation. Already California, Connecticut, Massachusetts, New Hampshire, New Jersey, New York, Oregon, Rhode Island, and the District of Columbia have “reporting pay” laws that require employers to pay workers for reporting to work, even if they are sent home due to a lack of demand. Reporting pay typically equals four hours’ pay at the minimum wage rate or the employee’s regular rate of pay.
While reporting pay is fast becoming the norm, many employees still lack stable work schedules, receive short notice of schedule changes, and are required to be “on call” for a shift without pay and then told not to come in. This is particularly true in service industries, especially in retail and food service industries.
Legislating fair and flexible scheduling practices in these industries is making headway. For example, last year San Francisco passed the “Retail Workers Bill of Rights.” The law requires retail chains to give workers at least two weeks’ notice of their schedules, pay employees who are on call for a shift even if it gets canceled, and pay “predictability pay” of one to four hours for schedule changes on short notice.
Likewise, Congress is considering the “Schedules That Work Act.” The act would apply to employers with 15 or more employees in retail, food service, or cleaning occupations. The bill gives employees the right to request and receive a flexible, predictable or stable work schedule. The bill requires on call and reporting pay, two weeks advance notice of the employee’s work schedule and the minimum number of expected hours the employee will be assigned to work per month, and one hour of pay for schedule changes with less than 24 hours notice. Illinois, Indiana, Massachusetts, Maryland, Minnesota, New Jersey, New York and the District of Columbia are also considering legislation requiring up to three weeks advance notice of work schedules and providing for on-call, reporting and predictability pay.
Employers need to stay informed about proposed scheduling laws to be prepared for notice and pay compliance. Proposed laws may also include recordkeeping and posting requirements.