Oregon recently passed legislation on scheduling practices for retail, hospitality, and foodservice employees addressing the following topics:
These requirements will be effective as of July 2018 and enforced starting January 2019.
The legislation has several components and applies to:
Advance Notice of Work Schedules
Before or at the time of hire, employers must provide a good faith estimate of an employee’s work schedule in the language the employer normally uses to communicate with the employee that includes:
Good faith estimates can be based on a prior year’s schedule if it reflects expected seasonal or episodic work.
From July 1, 2018 to June 30, 2020, employers must provide employees with a written work schedule at least 7 calendar days before the first day of the work schedule that includes all regular and on-call shifts the employee can expect to work during the scheduled period. Starting July 1, 2020, employers must provide 14 calendar days’ advance notice of work schedules. Schedules must be posted in an accessible location, in English and any other language the employer typically uses to communicate with employees. Before or at the time of an employee’s first day of work or return from a leave of absence, employers must provide new employees with an initial schedule that runs through the date that the next schedule for existing employees is posted or distributed.
Voluntary Standby List
Employers may maintain a standby list of employees they can use to send requests for additional work hours as long as employee participation on the list is voluntary and employees give their consent to be added to it in writing.
Employers must notify employees of the following:
Employers may notify employees on the voluntary standby list of additional work hours via an in-person conversation, telephone call, electronic mail, text message, or other electronic or written format.
Minimum Rest Period Between Shifts
Employers must allow employees to decline work hours that occur less than 10-hours after:
If an employee actually works within the 10-hour window, the employer must pay the employee at 1.5 times his or her regular rate of pay for all time worked within the window. Premium pay is not required for employees who work during the 10-hour window to provide roadside assistance services.
Employee Requests for Flexible Schedules
Employers must allow employees to request schedule modifications at time of hire and during employment, including (but not limited to):
Employers may require reasonable verification of the need for employee schedule changes. If the employer desires medical verification, it must pay reasonable costs for providing it.
Employers are required to consider (not necessarily approve) employee requests for schedule changes. They may choose to honor all or part of the employee’s requested changes, or deny them.
Premium Pay for Schedule Changes
If an employer changes an employee’s schedule after it has been posted, it must:
Pay the employee a premium for each change, in addition to pay for time worked, according to the following chart:
|Shift Change Type||Premium Pay Requirement|
|Adds more than 30 minutes to a work shift||1 hour at employee’s regular rate|
|Changes date, start or end of shift without loss of hours||1 hour at employee’s regular rate|
|Adds another on-call or regular shift||1 hour at employee’s regular rate|
|Subtracts time from a shift||0.5 times the employee’s regular rate|
|Changes the date, start or end of shift resulting in loss of hours||0.5 times the employee’s regular rate|
|Cancels shift||0.5 times the employee’s regular rate|
|Does not require an employee to work a scheduled on-call shift||0.5 times the employee’s regular rate|
Premium pay is not required if:
Required Notices and Postings
Employers must post a required poster from the Bureau of Labor and Industries (BOLI) detailing employees’ rights in:
The coverage requirements related to business size require complex analysis not summarized in this fact sheet. Customers are responsible for informing Ceridian if they have employees subject to these requirements.
The advance notice of schedules requirement changes from 7 calendar days advance notice to 14 calendar days as of June 30, 2020. Customers implemented prior to the cutover date may need to reconfigure their instances at that time to remain compliant with the requirement.
The above requirements can vary for employees working under valid collective bargaining agreements, for public agencies, or under government contracts or subcontracts. The requirements include carveouts for employees working at ticketed events and those who deliver roadside assistance services. Customers are responsible for understanding these requirements and modifying their environments to accommodate these employees.
For further insights into this Act, view the following links:
(Regulations are likely to follow before the effective date.)