Predictive Scheduling Laws: What Every Business Needs to Know

Cities and states across the country are gradually implementing predictive scheduling laws. While it may sound futuristic, these regulations significantly impact businesses nationwide, regardless of size or industry.

In this comprehensive guide, we will explain what predictive scheduling entails, its necessity, and the pros and cons it brings to your business. Learn how to comply with predictive scheduling laws in your area effectively.

What is Predictive Scheduling?

Predictive scheduling, also known as predictable scheduling, consists of laws and regulations designed to protect employees from unpredictable and inconvenient labor practices.

San Francisco pioneered predictive scheduling to assist employees in the foodservice, retail, and hospitality sectors. Since then, its adoption has spread to various other business types, cities, and states.

Historically, employees like baristas, servers, and food runners experienced unpredictable “just-in-time” and “on-call” scheduling practices, making life planning challenging. Predictive scheduling laws aim to eliminate such practices, thereby improving employees' work-life balance.

Why is Predictive Scheduling Necessary?

Laws governing predictive scheduling help protect employees from several unfair labor practices, including:

• Failing to reasonably accommodate an employee’s request for time off or a flexible schedule
• Scheduling employees to close late and open early the next day (a.k.a. “clopening”)
• Transferring employees from other locations to fill shifts rather than scheduling existing employees
• Sending employees home before they complete their full shift
• Amending finalized and posted schedules at short notice
• Requiring employees to call in on the day they work to confirm if they’re needed
• Last-minute shift cancellations
• Not providing new hires with an estimated hours they will work
• Hiring new employees instead of giving more hours to willing part-time workers
• Penalizing employees who request schedule changes, decline to cover shifts, or refuse last-minute shifts

Which Cities and States Have Predictive Scheduling Laws?

Several cities and states have already enacted predictive scheduling laws, including:

• Ohio (Senate Bill 331)
• Oregon (Fair Workweek Act)
• Washington D.C. (Hours and Scheduling Stability Act of 2015)
• Seattle (Secure Scheduling Ordinance)
• New York (Fair Workweek)
• New Hampshire (Senate Bill 416)
• San Jose, California (Opportunity to Work Ordinance)
• Emeryville, California (Fair Workweek Ordinance)
• San Francisco, California (Retail Employee Rights Ordinance)

Besides these, twelve other states are considering similar predictive scheduling laws: California, Connecticut, Illinois, Indiana, Kansas, Maine, Maryland, Massachusetts, Michigan, New Jersey, North Carolina, and Rhode Island.

Advantages and Disadvantages of Predictive Scheduling for Your Business

Currently, predictive scheduling laws primarily affect the foodservice, hospitality, and retail industries but may expand to other sectors. Let’s explore the potential disadvantages and advantages of these laws for your business.

Disadvantages

• May necessitate converting part-time employees to full-time positions
• Requires businesses to forecast staffing needs well in advance
• Potential for "predictability pay" as a penalty for unexpected staffing changes
• Scheduling changes could impact Obamacare status

Advantages

• Enhances employee satisfaction and engagement, improving customer service and job performance
• Promotes the physical and mental well-being of staff
• Provides a competitive edge in hiring due to better scheduling practices
• Reduces absenteeism and improves attendance
• Facilitates easier gap coverage when employees are absent
• Boosts employee retention through flexible scheduling

Scheduling Software Simplifies Predictive Scheduling

If predictive scheduling impacts your business, you need robust scheduling software like Sling. Sling's suite of tools makes compliance with predictive scheduling regulations straightforward.

With Sling, you can create complex team schedules, including rotating, overlapping, and night shifts, in just minutes. Scheduling is a breeze, and employees are promptly notified of their schedules.

Sling also forecasts staffing needs, giving employees ample notice. Its AI capabilities alert you to potential scheduling conflicts, helping you finalize schedules efficiently and effectively.