No Need To Predict – Here’s How To Prepare For Oregon’s Secure Scheduling Law

Derek Jones

Derek Jones

VP of Business Development, Deputy Americas

January 16, 2018

No Need To Predict – Here’s How To Prepare For Oregon’s Secure Scheduling Law

Derek Jones, VP of Business Development, Deputy Americas
January 16, 2018


Oregon’s Secure Scheduling laws

Business owners that operate in the retail, food services, and hospitality industries have 7 months to prepare for Oregon’s predictive scheduling regulations.

While municipalities throughout the country have passed city ordinances, Oregon is the first state to adopt predictive scheduling requirements. With the signing of Senate Bill 828, employers state-wide must prepare for the substantial changes that are soon to take effect.


What Businesses Are Affected?

The new law will impact employers with 500 or more employees worldwide and counts subsidiaries and their parent companies as a single employer. This broad definition ensures that the largest number of employers will be impacted by the changes and, furthering this goal, the hospitality industry includes casino operators.


What Does The Law Require?

Most of the bill’s provisions are activated on July 1, 2018, but some regulations will become more burdensome at a later date. For example, employers will be initially obligated to provide at least 7 days of advance notice of work shifts to an employee. By 2020, however, business will be forced to give employees 14 days of advance notice. For every schedule change made within this one (and eventually two) week window, employers are obligated to pay employees one hour worth of wages to the employee in question. For employees working in a state with one of the highest minimum wages in the country, this could become a bounty–for employers, this could become a dangerous burden. Read the article below to learn more about new minimum wage changes:

U.S Minimum Wage Increases in 2018
 

Employers are encouraged to avoid scheduling employees within a 10 hour “rest period” of their last shift, and employers that choose to schedule employees during this period must pay them 1.5 times their regular rate of pay. Businesses must also receive written and voluntary consent in order to schedule employees in this manner.

Like many other predictive scheduling laws, the Oregon legislation requires employers to provide a good-faith estimate of the number of hours an employee can expect to work in a given period. In this case, that period is one month. Employers must also explain their voluntary on-call list procedures and cover the employee’s tentative work schedule. This estimate must be given to all new employees at the time they are hired.

Unlike some other examples, the Oregon version of predictive scheduling does provide employers with some leeway in the area of on-call shift. Businesses can ask employees if they would like to be on a “voluntary standby list” and if an employee consents, the employer is exempt from a number of potential scheduling penalties. Additionally, employees hired to fulfill an administrative position such as a secretary are exempt from the requirements.


Fines And Remediation

Employers are subject to penalties for every violation of the law’s provisions and record-keeping is an important part of compliance. Oversight is handled by the Commissioner of Oregon’s Bureau of Labor and Industries who has the discretionary authority to levy fines up to $1,000 per violation.


How Employers Should Prepare

It’s imperative that employers covered by this legislation begin to prepare now. They should begin by updating their hiring policies and retrain staff associated with human resources and payroll. Additionally, it would be prudent to begin drafting the necessary good faith estimate templates as well as policies guiding their standby list. Most importantly, employers should reconsider their approach to documenting and recording work schedules. The most convenient and efficient method of doing so would be to use a tool like Deputy. With Deputy, employers would be able to manage their standby list, update their employees’ schedules, and have an electronic record of every important interaction and payroll disbursement.


Predictive scheduling is no small matter to adjust to, but if you prepare now and partner with the right employee management system, you can make the transition as seamless as possible. Download the following guide to keep your business compliant with new predictive scheduling laws.

Download Predictive Scheduling eBook


About Deputy

Here at Deputy, we put our customers and partners first. Our mission is to help improve the lives of employers and employees, using technology to revolutionize operations and help businesses thrive. By simplifying scheduling, timesheets, tasks and workplace communication, Deputy can transform business operations. Try Deputy for free and book a demo with one of our team members below:

Book a Demo Today

Important Notice
The information contained in this article is general in nature and you should consider whether the information is appropriate to your needs. Legal and other matters referred to in this article are of a general nature only and are based on Deputy's interpretation of laws existing at the time and should not be relied on in place of professional advice. Deputy is not responsible for the content of any site owned by a third party that may be linked to this article and no warranty is made by us concerning the suitability, accuracy or timeliness of the content of any site that may be linked to this article. Deputy disclaims all liability (except for any liability which by law cannot be excluded) for any error, inaccuracy, or omission from the information contained in this article and any loss or damage suffered by any person directly or indirectly through relying on this information.


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ABOUT THE AUTHOR
Derek Jones
Derek is the VP of Business Development in North America and has 16+ years’ experience in delivering data-driven sales and marketing strategies to SaaS companies.
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