Oregon Predictive Scheduling Law Compliance

Oregon's Fair Work Week Act

Oregon became the first state to enact a statewide predictive scheduling law when the Fair Work Week Act took effect on July 1, 2018. Codified at ORS 653.412 through 653.475, the law applies to employers in the retail, hospitality, and food service industries with 500 or more employees worldwide.

The law was designed to address the negative effects of unpredictable work schedules on workers' health, financial stability, and family responsibilities. Oregon employers covered by the law must comply with advance scheduling, compensation for schedule changes, and right-to-rest provisions.

Advance Schedule Notice

Covered employers must provide new employees with a good faith estimate of their work schedule at the time of hire. Employers must post work schedules at least 14 days in advance. Schedules must be posted in a conspicuous and accessible location in the workplace and provided to employees in writing.

When an employer changes the schedule after the 14-day advance notice period, compensation is required depending on the nature of the change. This compensation ranges from one hour of pay for changes made between 14 and one day before the shift to full shift pay for changes made within 24 hours.

Schedule Change Premium Pay

If an employer adds hours or changes the date or time of a shift with less than 14 days' notice, the employee is entitled to one hour of compensation in addition to wages earned. If the employer subtracts hours, changes the date or time, or cancels a shift with less than 24 hours' notice, the employee is entitled to one-half of the hours the employee was scheduled to work, at the employee's regular rate of pay.

Exceptions to the premium pay requirement include changes requested by the employee, shift trades between employees, schedule changes due to threats to the employer's operations (such as natural disasters, utility failures, or acts of nature), and mutual consent in certain circumstances.

Right to Rest

Oregon's law includes a right-to-rest provision prohibiting employers from scheduling an employee for work shifts with less than 10 hours between the end of one shift and the start of the next. If the employee consents to work during the rest period, they must be compensated at one and one-half times their regular rate of pay.

This provision prevents the practice of "clopening," where an employee closes a business late at night and is scheduled to open it early the next morning, resulting in insufficient rest.

Compliance Recommendations

Employers should invest in scheduling software capable of tracking the 14-day notice requirement, calculating premium pay automatically, and documenting employee schedule preferences and consents. Training managers responsible for scheduling on the law's requirements is essential. Maintaining records of all schedules, changes, employee consents, and premium payments for at least three years supports defense against complaints filed with the Oregon Bureau of Labor and Industries.