Predictive Scheduling Laws California a “predictive scheduling” plan? California employers may ask if they can adjust workers’ schedules without notice. Find out how complicated California’s timing rules are:
Legal requirements: Predictive scheduling is required in several California counties. These restrictions require employers to pre-schedule labor. Any adjustments made after that within a defined timeframe cost the employer. Due to the Fair Work Week Ordinance, Los Angeles retail enterprises must employ predictive scheduling.
Statewide proposals: Predictive scheduling bills are regularly proposed yearly, but none will pass by 2023. SB 878, a 2016 measure, required retail, grocery, and food enterprises to approve their staff lists 28 days in advance. Any boss changes would be fined. Unfortunately, this and other post-2016 proposals have not been approved.
The Wage Order requires “reporting time pay” due to California law’s complexity. If an employee shows up for a shift but doesn’t get any work or less than half the allotted hours, they should be paid for half. This must take two to four hours at their typical rate, which can be at least minimum wage. Employees who work less than two hours on a second shift on the same day should be paid for two hours at the usual rate.
Litigations and interpretations: Determining “report for work” is difficult. This period pays for reporting time under Wage Order 7. Ward v. Tilly’s, Inc., a landmark case, examined the phrase’s context. A client had to phone her boss two hours before a shift to see if she was scheduled. What did the judge rule? Reporting time should be paid as “calling in” is like working.
Split shifts and on-call situations: Employees who perform two shifts separated by more than a break or meal are entitled to an extra hour of pay at the state or local minimum wage, whichever is higher. Finding out the on-call tasks takes time and effort. On-call security guards who slept in trailers provided by their employers at construction sites were paid. This judgement from Mendiola v. CPS Security Solutions, Inc. highlights how tricky on-call situations can be.
Travel time is another issue when determining compensated labor hours. Morillion v. Royal Packing Co. found that employer-controlled transportation journey time is compensable.
In conclusion, California has considered predictive scheduling legislation, but a statewide statute still needs to be added. However, convoluted rules and court judgments have given workers rights and pay based on their schedules and on-call tasks
Our Reader’s Queries
Does California have a predictive scheduling law?
Scheduling mandates in California vary by locationsome cities and states require employers to set employee schedules well in advance. If a schedule change occurs within a specified time period, the employer must pay a penalty.
What is the Fair Scheduling Act in California 2023?
Starting on April 1, 2023, big retail companies with 300 or more workers worldwide must follow a new rule called the Fair Work Week ordinance. These companies have to give employees a written schedule of their work hours within 10 days of when the employee asks for it. This is just one of the things they have to do to follow the new law.
Is the 7 minute rule legal in California?
California wage laws mirror many federal regulations. According to federal law, employers are allowed to round down working time that lasts for seven minutes or less. While this may be frustrating, the California Court of Appeals has clarified that employees should still come out even in a rounding system as long as they work for a sufficient amount of time.
What states have predictive scheduling laws?
In 2018, Oregon stands as the sole state boasting comprehensive predictive scheduling laws. Businesses with 500 or more employees in the retail, hospitality, or food services sphere in Oregon must furnish workers with a “good faith” forecast of their schedules.