Predictive scheduling laws protect workers from last minute scheduling changes that could negatively impact their income.

Posted by on 9/16/2021 to Oregon

If you work for a large employer (with at least 500 employees worldwide) in the retail, hospitality, or food services industry, they must follow rules around scheduling you for work.

  • Your employer must give you a work schedule in writing at least seven calendar days in advance for the first day on the schedule (as of July 1, 2020, they must give you at least 14 days notice). It must be posted and easily visible and include all work shifts/on-call shifts.
  • Your employer must pay you a penalty if they change your schedule without advance notice. If you request to work additional shifts, they do not have to pay you a penalty.
    • Your employer must pay you one hour at the regular rate of pay plus wages earned when they:
      • Add more than 30 minutes of work to your shift
      • Change the date or start time or end time of your work shift with no loss of hours
      • Schedule you for an additional work or on-call shift
    • Your employer must pay you one-half times your regular rate of pay, per hour, for each scheduled hour that you do not work when your employer:
      • Subtracts hours from your work shift before or after the employee reports for duty
      • Changes the date or start time or end time of your shift, resulting in a loss of work shift hours
      • Cancels your work shift
      • Does not ask you to perform work when you are scheduled for an on-call shift
    • You may decline shifts that are not included in the written work schedule.
  • You have the right to provide input into your schedule. When you are hired and anytime while you’re employed, you may identify any limitations or changes in your work schedule availability. You may also request not to be scheduled for work shifts during certain times or at certain work locations.
    • Your employer may not retaliate against you for making these requests, but your employer is under no obligation to grant your request.
  • You have the right to rest between shifts. Unless you request or agree to it, you can’t be scheduled to work during the first 10 hours following the end of a previous calendar day’s work or on-call shift OR the first 10 hours following the end of a work or on-call shift that spanned two calendar days.
    • If you are scheduled for a back-to-back shift within 10 hours, your employer must pay you time-and-a-half your normal pay rate.

When you’re hired

Employers must provide a new employee a written good faith estimate of the work schedule when hired that:

  • States the median number of hours you are expected to work in an average month;
  • Explains their voluntary standby list;
  • Explains whether you are expected to work on-call shifts if you have not chosen to be on the voluntary standby list and how that process works

If you think your employer is violating this law, you can make a complaint or contact us to get help.

The law

ORS 653.412-653.490

OAR 839-026

Source: workers/pages/predictive- scheduling.aspx