Predictive scheduling (fair workweek)
Predictive scheduling, also called fair workweek, is state or city law requiring covered employers to post schedules early and pay for late changes they make.
The Fair Labor Standards ActFLSA. The Fair Labor Standards Act (FLSA) is the federal law setting minimum-wage, overtime, recordkeeping, and youth employment standards for covered employment.Click to open the term sets no notice period for schedules: it has no scheduling provisions apart from certain child labor rules. Requirements come from states and cities, each with its own coverage, notice, and pay. Oregon’s statewide law applies to retail, hospitality (hotels, motels, and casino hotels), and food services employers with 500 or more employees worldwide, counting a chain or integrated enterprise as one. Its pay uses Oregon’s own regular rate: the hourly rate including any shift differentialShift differential. A shift differential, also called a shift premium, is extra pay added to an employee’s base wage for working a less desirable shift.Click to open the term, without tips, bonuses, overtime, or other premium pay.
What does Oregon’s predictive scheduling law require?
Oregon’s rules cover employees who work in a covered establishment providing its retail, hospitality, or food services. Salaried administrative, executive, or professional employees, workers supplied by a worker leasing company, and employees of a business providing services to you are excluded. Pay is owed for each change you request without the 14-day notice. The statute lists exceptions, including start or end times moved by 30 minutes or less, shift swaps employees agree on between themselves, changes an employee requests and documents in writing, and natural disasters.
| RULE | OREGON REQUIREMENT |
|---|---|
| Advance notice | A written schedule at least 14 calendar days before its first day, posted, listing all work and on-call shifts |
| Added or moved hours | One hour at the regular rate, on top of wages, when you add over 30 minutes, move a shift’s date or start or end time with no loss of hours, or add a work or on-call shift |
| Lost hours | Half the regular rate for each scheduled hour not worked when you cut hours, move a shift with a loss of hours, cancel a shift, or don’t ask an on-call employee to work |
| Rest between shifts | No work in the first 10 hours after the previous calendar day’s shift (or one spanning two days) ends, unless the employee asks or consents; hours worked in it pay 1.5 times the regular rate, except roadside assistance |
| Good-faith estimate | At hire, in writing, including the median hours the employee can expect in an average one-month period |
- Chapter 653, Minimum Wages; Employment Conditions; Minors
- U.S. Department of Labor, Fair Labor Standards Act Advisor: When can an employee’s scheduled hours of work be changed?
General information, not legal or tax advice. Apply current federal and state rules with qualified guidance.