Oregon Bill Mandating Predictable Schedules Expected to be Signed into Law

Oregon lawmakers approved the nation’s first statewide measure requiring predictive scheduling for employees. Assuming Gov. Kate Brown signs as expected, the bill takes effect July 1, 2018, and requires large employers in the retail, hospitality, and food service industries to provide workers with seven days of advance notice of their designated work shifts. By 2021, the notice period expands to 14 days. Courtney Blanchard, an attorney with Nilan Johnson Lewis in Minneapolis who has helped national employers comply with similar requirements in cities like San Francisco and Seattle, says businesses will need to become well-versed in the law’s nuances, particularly the various kinds of “premium pay” required when an employee’s schedule changes without proper notice. For example, employees may be entitled to an additional hour of pay or a higher hourly rate. She notes that, importantly, the bill will equip employees with a private right of action for retaliation. She says the time to plan for compliance is now, as compliance includes developing new policies and scheduling practices. To speak with Courtney Blanchard on how employers can better understand and stay on top of scheduling ordinances, email cblanchard@nilanjohnson.com or call 612.305.7732.

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