washington state employee scheduling law
Seattle officials are considering new rules for another aspect of working life — scheduling. Employees must be paid for all work performed at the rate agreed upon with their employer. This includes shifts which the employer adds to your schedule with less than two weeks notice, shifts which the employer extends by one hour or more, and shifts where the start and end times are changed without changing the length of the shift. Here are some more details about who’s covered and how the law works: Seattle’s secure scheduling law covers coffee, fast food, and retail workers who work within the Seattle city limits and are employed by companies or chains with more than 500 global employees. If your request relates to scheduling needs involving a second job, school, serious health condition, caregiving responsibility or other “major life event”, the employer has to meet that request unless they have a “bona fide business reason” for denying it. You cannot be required to work back-to-back closing and … Employees working in Washington for an out-of-state business with no Washington location. Fill out the form, let us know your questions about secure scheduling, and we'll get them answered! If you work for a covered food, coffee, or retail company, Seattle’s secure scheduling law ensures you receive advance notice of your schedule, predictability pay if the employer changers your schedule, a right to rest, access to additional hours if you want them, a good faith estimate of your hours, and input into your schedule. The employer requires them to remain on-call on the premises or work site in the interest of the employer, even if they are not called back to duty. The Washington legislature is considering “secure scheduling” for employees across the state. Predictability pay if your employer adds, cuts, or changes scheduled shifts. Good faith estimate of your hours & input into your schedule. Disability Discrimination (ADA) Discrimination Laws. Employees working more than 3 hours beyond their scheduled shift are entitled to additional meal periods. However, this law could also work in your favor as research shows giving hourly employees more work-life flexibility is fundamental to keeping them happier and (hopefully) more engaged. Overtime. The Washington State Department of Labor & Industries has updated its rules regarding the minimum salary threshold and job duties tests for salaried exempt employees. Right to rest, a.k.a. In order to ensure such changes are truly voluntary, offers of additional hours must be made via mass communication or in-person group communication to more than one person. Employees must be provided “reasonable access” to bathrooms and toilet facilities. Some state labor laws address scheduling changes that affect time off. Employers are required to provide you a “good faith estimate” of the number of hours you can expect to work. Washington State law theoretically permits employees to request “comp time”—time off later in exchange for working overtime hours—but federal law effectively restricts this option to employees of the government. Part-time employees should check with their HR consultant for accrual information. Generally, federal law requires agencies to set traditional work hours over a Monday through Friday schedule. You have the right to request input into your schedule without retaliation. Employees under 18 and agricultural workers have different standards than those listed on this page. Employers are required to post your schedule at least two full weeks in advance so that you know when you’re going to work and how many hours you’re going to get. Minors under 16: Contact the Department of Labor and Industries for additional requirements. Washington, D.C. The Washington Retail Association said it would not be commenting Monday. And there is no predictability pay if you voluntarily agree to pick up a shift due to a scheduled employee not being able to work, or if you voluntarily agree to extend your shift due to unanticipated customer needs. (2) For permanent changes in work hours or shift for a period exceeding thirty calendar days, the employer must provide seven calendar days' notice to the employee. Our work continues — with your help. Fair Labor Standards Act (FLSA) Family/Medical Leave (FMLA) Health and Safety (OSHA) Labor Laws (NLRA) Leave Laws. The law defines a bona fide business reason as anything that would cause a legal violation, would cause a significant cost or other burden, or would hurt the employer’s ability to meet the needs of its business. Most predictive scheduling laws around the country have been passed on a local level, which means the specific laws that apply to you depend on which state you live in. no mandatory clopens. With only a few exceptions, an employee’s work schedule is set by their employer. Large retailers, food service providers, and full service restaurants in the. And we helped lead the winning campaign in SeaTac for a $15 living wage. Rest breaks taken are considered “hours worked” when calculating paid sick leave and overtime. Employment / Age Certification. Types of employees: Adults: No special restrictions. Also, the employee is allowed to decline to work any hours that are not included in the employee’s work schedule. For more information, refer to WAC 357-31 for non-represented classified employees or the applicable collective bargaining agreement for union-represented employees. If your employer extends your shift by less than an hour, you get that proportional share of the one-hour of predictability pay. Franchise systems are treated just like any other type of chain; the number of employees and locations in the entire global franchise system are what gets counted. Employers should attempt to schedule employees rest periods as close to the midpoint of the four (4) hours work period as possible. no mandatory clopens. if you work a lunch shift and then a dinner shift); they only apply to back-to-back closing and opening shifts that span two different days. In order to maximize your flexibility, predictability pay does not apply if you voluntarily swap shifts with a co-worker, or if you request a change in your own schedule and your employer agrees. We must all be vigorous in our efforts to continue serving the residents of our state. Our mission is to build a powerful workers’ movement that can dramatically improve wages and working conditions, and change the local and national conversation about wealth, inequality, and the value of work. ... Getting Paid. Give today. (2) As used in this section, "flexible-time work schedule" means a daily work schedule which contains a core time of required hours during which an employee subject to the schedule is required to be present for work and designated hours before or after the core time during which an employee, with the approval of his or her agency, may elect a time of arrival to work and departure from work. Part-time employees accrue leave based on the number of hours worked. You get paid for half your lost time if the employer cuts a shift with less than two weeks notice, or sends you home before the scheduled end of your shift. Additionally: In some jobs, “mini” rest breaks can be taken instead of a scheduled rest break. Employees under 18 and agricultural workers have different standards than those listed on this page. These “mini” rest breaks must total at least 10 minutes over a 4-hour period. Vacation Leave Employees earn 14-25 days of paid vacation per year depending on the length of employment. Note: the “clopening” rules do not apply to split shifts or double shifts where all parts of the shift are worked on the same day (i.e. Depending on the length of the shift and the timing of the meal period provided, employees may also be entitled to additional meal periods. Rest Breaks, Meal Periods & Schedules Employees have a right under Washington law to take rest breaks and meal breaks. Senate Bill 57-17 would require employers to post schedules two weeks in advance. Do not delay – take steps to enable all staff who are able to telework immediately. Understand Washington State employees may be eligible for accrued annual leave, a personal holiday, sick leave and state paid holidays. percent of all state employees across all agencies will be teleworking and at least 40 percent of all state employees will be using flexible work hours. The Revised Code of Washington (RCW) is the compilation of all permanent laws now in force. Employees can waive their meal break requirement if both they and their employer agree. Right to rest, a.k.a. Predictive scheduling laws have added a new wrinkle to wage and hour compliance, but as with many areas of employment law, the requirements vary between states and localities.. The State of Washington passed a few notable employment laws this year to take effect in 2018 and 2019. Seattle coffee, food, and retail workers organized, spoke out, and won a landmark secure scheduling law that addresses the crisis of unstable and unpredictable hours. Additional 30-minute meal periods must be given within five hours from the end of the first meal period and for each additional five hours worked. The principle behind secure scheduling is clear: workers are people. Eligible employees will be able to begin using the statewide Paid Family and Medical Leave program after Jan. 1, 2020. These changes affect employees defined as executive, administrative and professional, as … In response to these difficulties, many cities are adopting a new type of law known as predictive scheduling, which requires an employer to notify an employee of their work schedule … Workers are protected by laws and rules covering workers' wages, working conditions, overtime pay, and prevailing wage on public works construction projects. You have a right to access additional hours of work before the employer hires additional employees, and employers have to post available shifts so you know if hours are available. Currently, predictive scheduling ordinances say employers must schedule workers 10 days in advance – a timeframe that will increase to 14 days in 2022. employees could not sue for violations of the law). If you do voluntarily agree to work this kind of “clopening” shift, your agreement to do so must be in writing, and you must be paid time-and-a-half for those hours that are within the 10-hour window. 4. Email: firstname.lastname@example.org Minimum Wage. Also note that Washington State law does not restrict an employer's ability to mandate overtime hours. But like any law, some of the details of how secure scheduling works can get a little complicated, so we expect questions! Minimum Wage for Tipped Employees. Payday Requirements. Employers are not required to pay for a meal break if an employee is free from all duties for their entire break. Employees can only be required to remain on the premises or work site during their meal period if they are completely free from work duties. There are several state and local jurisdictions with predictive scheduling laws that could be triggered by a COVID-19 furlough, including California (Berkeley, Emeryville, and San Francisco only), Chicago, Illinois (effective July 1, 2020), Oregon, Philadelphia, Pennsylvania (effective April 1, 2020), and Seattle, Washington. Meal Breaks WAC 296-126-092 requires employers to provide a 30-minute meal break to nonexempt employees for every five hours of work between the second and fifth working hour. For most employees, there are no state requirements regulating how and when they are scheduled. Nursing mothers may have additional rights under federal law. If an employer does not define a workweek, then it defaults to the calendar week – Sunday through Saturday. Washington State. Working Washington | 719 3rd Ave, Seattle, WA, 98104, United States, building a workers’ movement that has the power to raise wages, improve labor standards, and change the conversation about work and wealth, Resource page: Sexual harassment & assault in the workplace, let us know your questions about secure scheduling, Fill out this form and share your questions. FEFCWA authorizes - but does not require – agencies to establish alternative work schedules. For example, Texas employers in the retail sector must give full-time employees – those who work at least 30 hours per week – at least one day off each week. Employers can require workers to stay on the job site during a rest break. Enterprise Services provides payroll, small agency HR and finance services, the Employee Assistance Program, online and classroom training, and statewide talent acquisition services to state agencies. Child Labor Laws. (DOSH Directive 5.98). Full-service restaurant workers are covered if they work for companies or chains with more than 500 global employees and more than 40 global locations. The day notification is given constitutes a day of notice. Additionally, employers that offer a comparable or better paid family and medical leave policy or program will have the option of opting out of the Washington’s Paid Family and Medical Leave program. Working Washington fast food strikers sparked the fight that won Seattle's landmark $15 minimum wage. Employers cannot restrict use of bathroom or toilet facilities to rigid time schedules (e.g., only during scheduled breaks), or impose unreasonable time use restrictions. Fill out this form and share your questions about general principles, specific scenarios, or anything else to help us build a crowd-sourced Q&A that helps workers understand their rights. Unpaid meal breaks are not considered “hours worked.”. Health care workers may also have specific meal and rest period requirements. They have to provide this to you at the time you are hired, and periodically throughout your employment. Unpredictable scheduling practices in the retail and restaurant industries have led some cities, including San Francisco and Seattle, to pass or consider laws that provide more stability for workers. Phone: (360) 407-2230. And of course your ability to access additional hours does not extend beyond 40 hours a week, and only applies if you want to work more hours. We drove Amazon to sever ties with right-wing lobby group ALEC and improve conditions in their sweatshop warehouses. Washington law does not require overtime for hours worked over 8 hours in a day, with the exception of certain public works projects. The 40-location standard only applies to full-service restaurant chains; any retail, fast food, or coffee chain with more than 500 global employees is covered by the Secure Scheduling ordinance, regardless of the number of locations. With only a few exceptions, an employee’s work schedule is set by their employer. Employers can define a workweek as any 7 consecutive days beginning on the same day and time every week. (3) By mutual agreement, an individual employee and his/her supervisor may agree to a temporarily modified weekly schedule. Note: predictability pay does not apply to changes of less than 15 minutes. This leave and holiday benefit information is intended to provide a general overview. The results from the 2015 and 2017 CTR surveys from worksites participating in the state's CTR program will be used as the indicator of state employees’ telework and flexible work-hour usage. For example, the Fair Work Week Act in Oregon requires employees to give their employees at least 7 days notice in writing of their scheduled shifts. Predictive scheduling Predictive scheduling laws protect workers from last minute scheduling changes that could negatively impact their income. See WAC 296-126-092(2) and (3). An employer has the right to change an employee's schedule at any time, with or without notice. The law requires that employees’ state Paid Family and Medical Leave and federal Family Medical Leave (FMLA) run concurrently. Employees must be allowed a paid rest period, free from duties, of at least 10 minutes for every 4 hours worked. They have to make a “good faith” effort to schedule you for hours that are generally in line with this estimate; if you are scheduled for a substantially different number of hours it can be challenged. You receive one hour of additional pay when the employer adds or changes a scheduled shift with less than two weeks notice. They are called back to work, interrupting the meal period. Early predictive scheduling laws only applied to retail establishments and restaurants, with limited penalties and no private right of action (i.e. The Department of Labor & Industries (L&I) has updated the employment rules that determine which workers in Washington are required by law to be paid at least minimum wage, earn overtime pay, and receive paid sick leave and other protections under the state Minimum Wage Act. The Federal Employees Flexible and Compressed Work Schedules Act (FEFCWA) removes traditional scheduling requirements for government employees. Employees must be allowed a meal period when they work more than five hours in a shift. Illinois employers also have to give employees a day off if they work more than 20 hours a week. Develop a plan today for how you can support your staff while they telework. The secure scheduling law, which takes effect July 1, 2017, ensures that people who work at large coffee, fast food, retail, and restaurant companies in the city know when they’re going to work and how many hours they’re going to get by providing several new rights. Minors under 18: Apply for a permit to employ minors when you submit the Business License Application. Washington passed a statewide sick leave law; Seattle and Tacoma have existing local versions. employers to pay employees for reporting or showing up to work if no work is performed Work performed during meal breaks is considered “hours worked” when calculating paid sick leave and overtime. Note: there are also provisions to ensure employers that partner with certain nonprofit hiring programs can continue to do so. Secure scheduling provides 2 weeks notice of schedule and other rights that ensure that people who work at large coffee, fast food, retail, and restaurant companies in the city of Seattle know when they’re going to work and how many hours they’re going to get. Annual Leave Full time employees earn 12-22 days of paid vacation per year depending on length of employment. There are scheduling and overtime restrictions for: Employees cannot be required to work more than 3 hours without a rest break. Under the new law, most employees must accrue paid sick leave at a minimum rate of 1 hour of paid sick leave for every 40 hours worked. Organizations should pay particular attention and prioritize employees who are high and medium risk. Employees have a right under Washington law to take rest breaks and meal breaks. Employees must be paid for meal breaks if: Employees who are required to work or remain on duty during a meal break are still entitled to 30 total minutes of mealtime, excluding interruptions. Employers are not required to give weekends or holidays off and can schedule mandatory overtime. If you work for a large employer (with at least 500 employees worldwide) in the retail, hospitality, or food services industry, they … If an employer directly asks only one person pick up or extend a shift, predictability pay is required. We have lives away from work. A meal period must be at least 30 minutes long and start between the second and fifth hour of the shift. And we have a right to know when we're going to work and how many hours we're going to get. It is a collection of Session Laws (enacted by the Legislature, and signed by the Governor, or enacted via the initiative process), arranged by topic, with amendments added and repealed laws … Designed with the food service industry and chain franchises in mind, the Hours and Scheduling Stability Act of 2015 requires employers in the District of Columbia to provide their employees with 21 days’ advance notice of their work schedules. These laws … In contrast, the labor laws in Texas follow the “At-Will” employment doctrine and employers have the right to change an employee’s schedule with or without notice – … The entire meal period must be paid regardless of the number of interruptions. Mass Layoffs (WARN) Meals and Breaks. (If you're a union member, the rules might work a little differently — talk to your union for more details.). You cannot be required to work back-to-back closing and opening shifts that are less than 10 hours apart. Breaks must be scheduled as close to the midpoint of a work period as possible. Washington labor laws require employers, not including agricultural employers, to provide employees who are 18 years old and older a paid rest break of at least ten (10) minutes for each four (4) hours worked. Hours that are less than two weeks in advance with right-wing lobby group ALEC and improve conditions in sweatshop. Continue serving the residents of our state do so a temporarily modified weekly schedule entire break by less than hours. The principle behind secure scheduling, and we have a right to change an 's... An employee ’ s work schedule is set by their employer License Application the day notification given. Changes a scheduled shift are entitled to additional meal periods & Schedules employees have a right under Washington does. Employees will be able to begin using the statewide paid Family and Medical leave and state Family. 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