“Just in Time” Scheduling:

What Every Employer

Should Know BETH BAERMAN

Director of Communications & Compliance

Attendance on Demand, Inc.

Agenda

#SHRM18

What is “just in time” scheduling and what’s driving this trend?

Legislation overview

Differences in jurisdictions and industries

Impacts on doing business

Best practices

Caveats

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Information based on …

• Our understanding of laws and evolving legislative efforts

• Evolving case law and expert interpretations

Not legal advice

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Drivers of Legislation

Income Volatility

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• 41% have month-to-month income fluctuations of 30%+

• Median-income expenses fluctuate 30%

– Average about $1,300

– 40% have 1+ major unexpected expense per year

• Many lack savings to meet unexpected expenses

• Financial instability impediment to retirement savings

Employers Viewed as Cause

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• Improved technology for matching staffing to business demand

• Scheduling practices shift financial risk to workers

– Unpredictable scheduling

– Last-minute changes/cancellations

Employer Response

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Growing adoption of policies to address concerns

– Guaranteed minimum hours

– 2 – 3 weeks advance notice of schedules/changes

Beneficial to employers

– Gap study: 2 week advance scheduling & no on-call schedules

5% increase in labor productivity

7% increase in median sales

Legislative Response

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• Predictable Scheduling

• Predictive Scheduling

• Fair Workweek

• Fair Workplaces

• Workers Bill of Rights

• Secure Scheduling

• Opportunity to Work

• Work Schedules

• Schedules That Work

Fair Scheduling Regulation

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Overview of Scheduling

Legislation

Jurisdictions with Fair Scheduling Laws

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States Considering Scheduling Legislation

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Federal Bill

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Federal Schedules That Work Act

• Introduced 2017

• Related bill 2015

Who’s Impacted

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• Large employers

• Specific industries

– Retail

– Food Service

– Hospitality

– Cleaning

States Preempting Scheduling Laws

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Jurisdictions with Work Time Laws

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Who’s Impacted

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• Most non-exempt employees

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Elements of Legislation

Employer/Employee Relationship

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• Advance notice of schedules

• Right to request

• Promotion of full-time work

• Part-time parity

Penalty Payments to Employees

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• Predictability pay

• On-call pay

• Reporting time pay

• Split shift pay

• Right to rest

Exceptions

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• Employee initiated changes

– Requests

– Shift swaps

– Voluntary filling open shifts

• Business shutdowns

– Public/employee safety

– Utility outages

– Ticketed event changes beyond employer’s control

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Details by Jurisdiction &

Industry

Predictability Pay for Changes to Schedules

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Predictability Pay for Changes to Schedules

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On-Call Pay When Employees Must Be Available to Work

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Reporting Pay When Employees Are Sent Home Early

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Reporting Pay When Employees Are Sent Home Early

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Split Shift Pay When Gaps in Work Are Longer Than Meal Breaks

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Right to Rest Compensation When Shifts Are Too Close

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Advance Notice Schedules

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Right to Request

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Employees can request

flexible schedules and

schedule changes without

retaliation or negative

impact.

Promoting Full Time Work

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Employers must offer

additional hours to part

time workers before

hiring additional staff.

Part Time Parity

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Employers must offer pay,

benefit, and advancement

opportunities equally to full-

and part-time employees.

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Impacts on Doing Business

Impacts for Employers

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• Scheduling & employment practices

• Additional staff training

• More record keeping

• Bigger expenses

Ordinances Promoting Full Time Work

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• Significant new recordkeeping

• Post notices of employee rights

• Demonstrate compliance for each new hire

– Document prior offer of additional hours to existing employees

– Maintain records of employee work schedules

– “… any other records the office requires to demonstrate

compliance”

San Jose Opportunity to Work Ordinance

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Before hiring new employees, contractors or temporary staff:

– Post offer of additional hours in a conspicuous place

…in any languages spoken by 5% of employees

– Email offer of additional hours

– Meet with employees and offer additional hours

San Jose Opportunity to Work Ordinance

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• Document and retain records

– Offers of additional hours to existing part-time employees

– Lack of qualifications of existing employees

• Or what?

– Right to sue

– Award of back wages

– Penalties of $50 per day per employee

– Attorneys’ fees and costs

Required Postings

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Required Notice at Hire

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Bundling of Fair Workweek Ordinances

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Sidebar issue in NYC

enacted with Fair

Workweek laws…

Applies to fast food

establishments only

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Best Practices

Your Best Practice To-Do List

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1. Know the mandates in your area

2. Train your staff and employees

3. Automate as much as possible

1. Know the Mandates

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• Keep up with laws in your area

– Advocacy groups

• National Women’s Law Center: https://nwlc.org/issue/

fair-work-schedules/

• Fair workweek initiative: http://www.fairworkweek.org/

– Professional associations

• SHRM resources

• APA resources

– Legal blogs

2. Train Staff & Employees

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• Train staff

– Schedulers for notice and consequences

– Payroll for pay implications

• Inform employees

– Notice of laws

– Flexibility for employee initiated changes

– Implications for attendance-related discipline

3. Use Automation

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• Look to software systems for help

– Employee-centric scheduling

– Automate shift bids and shift swaps

– Automate notification and penalty

processes

Thank You!

Contact Me BETH BAERMAN

@bbaerman

Beth.Baerman@attendanceondemand.com

presentations.shrm.org

attendanceondemand.com/shrm

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