“just in time” scheduling: what every employer should know...• post notices of employee rights...
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“Just in Time” Scheduling:
What Every Employer
Should Know BETH BAERMAN
Director of Communications & Compliance
Attendance on Demand, Inc.
Agenda
#SHRM18
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
Caveats
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Information based on …
• Our understanding of laws and evolving legislative efforts
• Evolving case law and expert interpretations
Not legal advice
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Drivers of Legislation
Income Volatility
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• 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
Employers Viewed as Cause
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• Improved technology for matching staffing to business demand
• Scheduling practices shift financial risk to workers
– Unpredictable scheduling
– Last-minute changes/cancellations
Employer Response
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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
Legislative Response
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• Predictable Scheduling
• Predictive Scheduling
• Fair Workweek
• Fair Workplaces
• Workers Bill of Rights
• Secure Scheduling
• Opportunity to Work
• Work Schedules
• Schedules That Work
Fair Scheduling Regulation
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Overview of Scheduling
Legislation
Jurisdictions with Fair Scheduling Laws
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States Considering Scheduling Legislation
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Federal Bill
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Federal Schedules That Work Act
• Introduced 2017
• Related bill 2015
Who’s Impacted
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• Large employers
• Specific industries
– Retail
– Food Service
– Hospitality
– Cleaning
States Preempting Scheduling Laws
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Jurisdictions with Work Time Laws
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Who’s Impacted
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• Most non-exempt employees
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Elements of Legislation
Employer/Employee Relationship
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• Advance notice of schedules
• Right to request
• Promotion of full-time work
• Part-time parity
Penalty Payments to Employees
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• Predictability pay
• On-call pay
• Reporting time pay
• Split shift pay
• Right to rest
Exceptions
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• Employee initiated changes
– Requests
– Shift swaps
– Voluntary filling open shifts
• Business shutdowns
– Public/employee safety
– Utility outages
– Ticketed event changes beyond employer’s control
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Details by Jurisdiction &
Industry
Predictability Pay for Changes to Schedules
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Predictability Pay for Changes to Schedules
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On-Call Pay When Employees Must Be Available to Work
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Reporting Pay When Employees Are Sent Home Early
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Reporting Pay When Employees Are Sent Home Early
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Split Shift Pay When Gaps in Work Are Longer Than Meal Breaks
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Right to Rest Compensation When Shifts Are Too Close
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Advance Notice Schedules
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Right to Request
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Employees can request
flexible schedules and
schedule changes without
retaliation or negative
impact.
Promoting Full Time Work
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Employers must offer
additional hours to part
time workers before
hiring additional staff.
Part Time Parity
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Employers must offer pay,
benefit, and advancement
opportunities equally to full-
and part-time employees.
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Impacts on Doing Business
Impacts for Employers
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• Scheduling & employment practices
• Additional staff training
• More record keeping
• Bigger expenses
Ordinances Promoting Full Time Work
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• 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”
San Jose Opportunity to Work Ordinance
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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
– Email offer of additional hours
– Meet with employees and offer additional hours
San Jose Opportunity to Work Ordinance
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• 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
Required Postings
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Required Notice at Hire
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Bundling of Fair Workweek Ordinances
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Sidebar issue in NYC
enacted with Fair
Workweek laws…
Applies to fast food
establishments only
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Best Practices
Your Best Practice To-Do List
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1. Know the mandates in your area
2. Train your staff and employees
3. Automate as much as possible
1. Know the Mandates
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• Keep up with laws in your area
– Advocacy groups
• National Women’s Law Center: https://nwlc.org/issue/
fair-work-schedules/
• Fair workweek initiative: http://www.fairworkweek.org/
– Professional associations
• SHRM resources
• APA resources
– Legal blogs
2. Train Staff & Employees
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• 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
3. Use Automation
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• Look to software systems for help
– Employee-centric scheduling
– Automate shift bids and shift swaps
– Automate notification and penalty
processes
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