Fair Scheduling IS Oregon Law

Oregon's Fair Work Week Law

an overview

Oregon’s Fair Work Week Law (S.B. 828) went into effect July 1, 2018. UFCW Local 555 has created guides to several parts of this law, and we encourage members to download these guides (scroll down) for personal reference*.

If you have any questions or concerns regarding Fair Work Week or how it is being implemented, please use the Rep Finder to contact your Rep. Also, please consider reporting any FWW violations here; each time we get sufficient examples of violation types (and of managers who are particularly likely to commit these violations) we will be submitting this information to BOLI.

 

 

 

 

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What if...? And You RESPOND: I’ve had to cut your hours due to FWW because I can’t afford the penalties. ANSWER:   That’s ridiculous! Just schedule adequate coverage with enough notice and you won’t incur penalties! Sorry, you can’t trade shifts anymore because of FWW. ANSWER:   Incorrect! All employee-initiated changes are allowed. Swaps will not cause a penalty for ANYONE and are 100% allowed. FWW means you can’t take bereavement leave anymore. ANSWER:   Nope! If you accept my request, it likely counts as “unexpected employee absence” and schedule via the stand-by list. I know clopenings work well with your schedule but I can’t give them to you anymore, because of FW W.ANSWER:  That’s not true! I am allowed to request or voluntarily accept clopenings. You just aren’t allowed to give them to me without my consent. And when you give them to me you have to pay me a premium (time-and-a-half) for the time between them that cuts into my mandated 10-hour rest period. You need to sign an exception report when you clock off a few minutes late. ANSWER:  Well, if you need me to, that’s your decision. HOWEVER, don’t blame FWW for this. No FWW penalties kick in until our schedule shifts change by 30 minutes either way. So, really, this isn’t necessary for tracking anything. If I’m more than 30 minutes late due to negligence or a mistake on my end, then an exception report makes sense. You need to sign an exception report if you finish more than 29 minutes early and want to leave. ANSWER:   No problem! You cannot request time off unless it is ahead of our schedule-posting requirements. (7 days advance notice now; 14 days advance notice starting in July of 2020) ANSWER:  That’s not true. I can request time off whenever I need to, or swap shifts with someone. If I request time off, you can either accept or reject my request, but you cannot penalize me for asking. If you accept my request then it may count as an “unexpected employee absence,” in which case you can schedule via the stand-by list with no penalty! You have to give us a reason for your time-off request. ANSWER:   No law, including FWW, imposes this requirement. We’ve had to move the time-off book into the manager’s office. ANSWER:  Um, ok. That’s your call, but it has nothing to do with FWW. If I get the sense that this is a scare tactic to intimidate me into not asking for time-off, I will inform my Union Rep. You can ask for time-off, but we may need to penalize you for that. ANSWER:   Hang on, let me get my Union Rep on the line. That’s violation of FWW and my contract. We do not have to honor your request for time-off. ANSWER:  You’re right! You do not have to honor my request for time-off .I hope that you will do so, though, or I wouldn’t have asked. If I get the sense that you are using my time-off requests to penalize or intimidate me, I will need to inform my Union Rep. The FWW law penalizes you for asking for flexibility. ANSWER:  Nope. The FWW law is designed to make sure that fair schedule responsibility lies with the employer, not with me. It does not penalize me. In fact, all employee-initiated changes are allowed. The difference is that you aren’t allowed to schedule me without consideration for my life and my worth. I can’t afford to spend any time figuring this out and making sure we get this right, because I’ll be penalized. ANSWER:  All predictability pay is in place right now, true. However, BOLI fines and civil penalties don’t kick in until January of2019! There is a six-month grace period between the law being implemented in July of 2018 and penalties being charged, specifically to allow us all time to make sure we work out the complexities. The stand-by list means you’ll never get predictability pay. ANSWER:  Here, let me show you the predictability pay flowchart on the other side of this paper so that you will better understand when you owe me predictability pay and when you don’t. I can’t give you hours if you don’t sign the stand-by list. ANSWER:  Not only is that untrue, but it’s coercion and is illegal. If you have questions, let’s discuss how the stand-by list works. BUT if you are telling me that you will cut my hours because I am not on the stand-by list, then I will get my Union Rep on the phone right now.          

What if...?

 

 

New Law, New Rights An overview Who benefits from the new law? Hourly workers at a retail, food, or hospitality establishment (employing more than 500 nationwide), with few exceptions. What changes should I see in my work schedule? Your schedule is required to be posted, in writing, 7 calendar days before the first day on the schedule (this changes to 14 days in 2020) and must be in a conspicuous place. Employers are not allowed to require employees to work back-to-back shifts across two days with less than 10 hours between for rest, unless the employee volunteers or consents. When you start a new job that is covered by FWW, the employer must provide a good-faith estimate of the work schedule that includes median hours worked in an average month, and explains the voluntary stand- by list (details below) and how it impacts employees of the business. How might this affect my pay? (See flowchart on reverse side) Your employer is required to pay you for one additional unworked hour at your normal rate of pay if: • 30 minutes or more are added to your scheduled shift • Changes are made to when you start or end your shift with no loss in total hours • Additional work or on-call shifts are added to the schedule your employer is required to pay you half of your unworked hours if: • Hours are subtracted from your shift • The date or start/end time of your shift changes, if it results in a loss of hours • Shifts are cancelled (with a few exception for safety, etc.) • An employee is asked not to work when scheduled for an on-call shift Additionally, if you volunteer or consent to work with fewer than 10 hours for rest scheduled between two shifts over two days, you must be paid at time-and-a- half for overlapping time. What if I want to work additional hours? You may agree to be on a voluntary stand-by list for the case of “unanticipated customer needs” or “unexpected absences.” See on the reverse side and you may request, after the advance notice of written schedule is made, to be added to additional shifts. Changes resulting from these requests are not subject to the Fair Work Week laws. What else should I know? You may request not to be scheduled during certain times or at certain locations and your employer may NOT retaliate against you for making such a request, but may request verification of the need for the request. They also are not obligated to grant such requests.

New Law, New Rights

 

 

Oregon's Fair Work Week Law Does/ Does Not DOES • require 7 days advanced notice of schedule (14 days as of July 2020) • strengthen your contractual rights • allow you to trade with colleagues and/or take sick or bereavement leave • guarantee that the company cannot retaliate against you for requests for time-off • allow you to decline an offer of extra hours/ extra shifts without retaliation DOES NOT • eliminate your option to request time-off after schedule has been posted • weaken your options for flexibility or override your contractual rights • eliminate the option to switch shifts • guarantee that your requests for time-off will be fulfilled • require you to accept any shifts that are not on your posted schedule In a cutout the shape of Oregon, there is text saying, “Employee-initiated” is the magic phrase! Once schedules are posted, the employer can’t change them without penalty. BUT YOU CAN. You can swap shifts. You can call in sick. You can take your bereavement leave. You can go out on maternity leave. You can leave early (if you sign an exception form). This law gives YOU more control, as long as your manager approves your request.

Does/Does Not

 

 


 

 

 

 

Guide to predictability Pay Subtraction to the Schedule over 30 minutes flowchart

Guide to Predictability Pay: Subtraction to Schedule of > 30 Minutes

Guide to Predictability Pay: Addition to Schedule of > 30 Minutes

Guide to Predictability Pay: Addition to Schedule of > 30 Minutes

Guide to Predictability Pay: Clopenings

Guide to Predictability Pay: Clopenings

Source Link:
https://www.oregon.gov/boli/TA/Pages/Predictive-Employee-Scheduling.aspx

*Who is impacted by Fair Work Week?
 Employees of retail, hospitality or food services establishments (including chains and integrated enterprises) that employ 500 or more employees worldwide who are primarily engaged in providing retail, hospitality or food services are covered.