Oregon’s New Predictive Scheduling Law

Affecting the retail, hospitality and food services industries, employers in Oregon with at least 500 employees worldwide must provide a new Oregon employee with a written good faith estimate of the employee’s work schedule at the time of hire.  

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What Employers Need to Know

This written estimate should include the median number of hours the employee can expect to work in a month. If the employer maintains a voluntary standby list for on-call work, this written estimate should also indicate if and when an employee who is not on that list should expect to work on-call shifts.

Part of the new requirements of this law effective July 1, 2018 is that qualifying employers must provide employees with written work schedules at least seven calendar days before the first day of the work schedule. This requirement changes effective July 1, 2020 from seven calendar days to 14 calendar days.

An employer may not require an employee to work: 

-during the first 10 hours following the end of the previous calendar day’s work shift, or

-the first 10 hours following the end of a work shift that spanned two calendar days,

unless the employee requests or consents to work these hours.  An employee who does work during one of these defined “rest periods” must be compensated at one and a half times their regular rate of pay.  (Employees providing Roadside Assistance Services are excluded from this provision.)

 

If an employer changes an employee’s written work schedule without the advance notice required by the new law, the employer must make special compensation. One hour of pay at the employee’s regular rate of pay, in addition to wages earned, is owed when the employer: 

-adds more than 30 minutes of work to an employee’s shift, or

-changes the date, start or end time of a shift (even if no change is made in hours worked), or

-schedules the employee for additional or on-call shifts.

 

An employee must receive 50% of their regular rate of pay for each scheduled hour that the employee does not work when the employer: 

-subtracts hours from the employee’s scheduled shift, or

-changes the date, start or end time of a shift resulting in loss of hours, or

-cancels an employee’s shift, or

-does not ask the employee to work when the employee is scheduled for an on-call shift.

 

Additional compensation is NOT owed when:

 -an employee mutually agrees with another employee to swap shifts

 -an employee requests in writing changes to the written schedule

  -an employer makes changes to the written work schedule at the employee’s request

  -an employer subtracts hours from an employee’s schedule for disciplinary measures

  -an employee’s shift cannot begin due to threats to employees or property or due to the recommendation of a public official

  -work cannot begin due to public utility failures or natural disasters

  -work cannot begin due to a ticketed event that is canceled, rescheduled or changed due to circumstances beyond the employer’s control

  -an employer asks an employee on a voluntary standby list to work additional hours and the employee consents

  -an employer asks an employee to work extra hours due to unanticipated business volume or unexpected employee absences and the employee consents in writing.

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