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ARTICLE · 07 SEPTEMBER 2017

Fair Game? Predictable Scheduling Laws -- The Sensation Sweeping The Nation

Seyfarth Synopsis: Last minute scheduling change? Want to make sure you have enough employees on stand-by to cover shifts? In a growing number of areas around the country, that will cost you.

United StatesEmployment and HR

Seyfarth Synopsis:  Last minute scheduling change?  Want to make sure you have enough employees on stand-by to cover shifts?  In a growing number of areas around the country, that will cost you. 

Fair scheduling laws – sometimes referred to as "predictive" or "predictable" scheduling – are popping up in city councils and state legislatures across the nation.  Typically affecting larger retail employers or fast-food establishments, the laws often require employers to post work schedules with advance notice and mandate a specified amount of "predictability pay" – such as one hour of pay for every four hours of scheduled work – if changes are made to an employee's schedule on short notice.  These laws also tend to require predictability pay if employees are "on call" but not called in to work, and some restrict the ability to schedule employees for closing and opening shifts ("clopenings").

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