Oregon Passes “Predictive Scheduling” Law

Senate Bill 828, also called the “Fair Work Week Act”, passed the Oregon legislature last week and is expected to be signed by Governor Brown.  The law sets new scheduling standards for employers in the retail, hospitality, and food services industries that employ 500 or more employees worldwide.

Under the law, which will go into effect on July 1, 2018, covered employers will be required to:

  • Give new employees a written good faith estimate of the employee’s work schedule at the time of hire;
  • Provide employees with a written work schedule at least seven (7) days in advance (14 days starting in 2020);
  • Pay additional compensation for any violation of the advance notice requirement, to be calculated based on the type of schedule change; and
  • Provide a minimum of ten (10) hours of rest between shifts, or pay the employee time and a half.

In addition, the law imposes notice and record-keeping obligations on employers, and prohibits employers from retaliating against employees for expressing a scheduling preference.

Oregon will be the first state in the U.S. to enact predictive scheduling legislation.  Similar measures have been passed by large cities, including San Francisco and Seattle, whose law recently went into effect on July 1st.

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