August 23, 2017
Authored by: Traci Choi, Nancy Franco and Merrit Jones
Oregon has become the first state to enact a predictable scheduling law, S.B. 828, regulating employer scheduling practices in the food service, hospitality, and retail industries. The new law will take effect on July 1, 2018. Oregon is likely the first of many states to pass such legislation. As our Retail Blog previously reported, cities such as New York, Seattle, and San Francisco have passed similar measures.
The law applies to retail establishments that operate in Oregon and employ at least 500 employees worldwide. Separate entities may be considered an “integrated enterprise” for purposes of determining whether an employer employs at least 500 employees. The Commissioner of the Bureau of Labor and Industries is to adopt rules to assist employers to determine whether separate entities are an integrated enterprise.
The law applies to nonexempt employees of covered employers, and does not apply to salaried, exempt employees, workers supplied by a worker leasing company, or employees of businesses that provide services to or on behalf of an employer.
The stated purpose of the law is to enhance the predictability of work schedules for nonexempt employees, and ensure at least 10 hours of rest between shifts. Some key highlights of the law are:
- An employer must provide a new employee with a written good faith estimate of the employee’s work schedule at the time of hire, which should include the median number of working hours per month, and an explanation of whether the employee can be on the voluntary standby