Work schedules can sometimes be a little too flexible. Many employers give employees too short of notice for scheduled shifts or shift changes. Fair Workweek aims to remedy this problem for workers across America. These Fair Workweek initiatives are becoming more and more popular, and cities are following the lead of places like Chicago and New York — some of the first to pass initiatives like this.
What is Fair Workweek?
Fair Workweek is a policy that protects workers in retail and service industries. It requires business owners to share employees schedules in advance, and even compensate employees when their schedule changes without the proper notice.
This is causing a big ripple in the way that business owners approach scheduling their employees, and it means fundamental changes to the way that employees are managed.
The following is a guide to what you need to know about Fair Workweek initiatives — and what to do when on-call scheduling is no longer an option.
Things you need to know about Fair Workweek
If you’re just getting started learning about how Fair Workweek might impact your business, here are a few things you need to know.
Employees are entitled to compensation
Fair Workweek laws have been passed in cities such as San Jose, New York City, Philadelphia, and Chicago. The “predictive scheduling” or “secure scheduling” that Fair Workweek entails means that there must be a minimum notice by employers, as well as additional pay for employees if their schedule changes without proper notice.
This does not mean that making changes to schedules is no longer allowed; it merely means that employees are entitled to compensation, and rescheduling now comes at a price for employers.
If an employee’s schedule is changed without seven days notice, the employer owes the employee one to four hours of additional pay, called “predictability pay.” Also, they can receive half of the scheduled pay if the employer cuts their regularly scheduled hours.
The Economic Policy Institute believes that this new policy is here to stay. They noted that this is no different than the way that employees are entitled to higher minimum wage rates or paid sick days. It also recognizes that families need predictable and sufficient work hours for societies and communities to flourish.
Not complying could be costly
Not getting on the boat with this new labor policy if passed in your state could have high costs. In Chicago, if an employer violates the policy, a single violation could cost up to $500. With repeated offenses, this could become a significant problem for companies.
Similar to the way that overtime works, small changes can add up to high costs for employers. As more and more employers get on board with this new policy, the non-compliance costs and consequences will only get worse.
Several larger retailers that are not following these crucial policies are already being called out on their violations. Not only are they dealing with the cost, but they’re also dealing with public scrutiny for their improper management of their employees.
The consequences of not following the Fair Workweek policy will cause more harm than good, and most companies have noticed this and banned all types of on-call scheduling that violates Fair Workweek standards.
How to comply with Fair Workweek policies
Ensuring you’re compliant with Fair Workweek starts by implementing a few simple changes. These changes can help make adhering to Fair Workweek as easy as possible.
Stop scheduling “clopening” shifts
Clopening shifts, which require an employee to work closing on a late shift and then work an opening shift early the next morning, are the most significant alarm for unfair scheduling.
Fair Workweek will ensure that employees cannot work a closing shift followed by an opening shift the very next day. The Fair Workweek laws require employees to be provided with a rest period of at least nine hours before working their next shift.
Even if a business is not required to comply with Fair Workweek laws right now, it’s a good step forward to stop scheduling these types of shifts.
Make schedules that don’t need to be changed
A schedule is a must-have. It is no longer a luxury for employees under Fair Workweek policies. Business owners should use scheduling software and think about accounting for as many changes as possible. The schedule should not be treated as concrete and as one of the very last things that can be changed in the business. The schedule should also account for employee availability to ensure minimal changes.
Share digital copies of the schedule in advance
At least two weeks in advance is a reasonable time to share a schedule with employees. Sending out digital copies is much easier on both employer and employee providing that the employee has internet access and will be able to access their sent schedule immediately. Scheduling software that allows employees to access their schedule from their phone anytime is a great option.
Documentation is key
Getting written consent from employees that they have received their schedule is a protective step for businesses. This makes sure that there is a record of the employee saying that they will work the hours on the set schedule.
Keeping this documentation handy if the employee changes things up will help the business avoid penalties later on. In case a conflict arises, taking the step of having documentation for received schedules is the key to complying with this crucial Fair Workweek policy.
Why should you comply with Fair Workweek?
Even if your state doesn’t have Fair Workweek laws yet, there are a lot of benefits of moving toward a scheduling model that is in compliance with these regulations.
Compliance can lead to better company culture
Happy employees are, indeed, productive employees. This doesn’t just mean handing out raises, higher salaries, or free bagels on Tuesdays. It means improving the day to day experience so employees can genuinely enjoy doing their job.
Fair Workweek contributes to a better company culture overall. It makes for a better workplace environment because employees can now feel like they are owners of their time and not at the mercy of a much too flexible schedule.
Fair Workweek prioritizes work-life balance and allows employees to be more engaged with their jobs and in improving the business. Employees that show greater work-life balance show higher loyalty to their employers overall, making this a brilliant decision all around.
It will be hard at first, but it’s for the best
The process of complying with the Fair Workweek policy won’t happen instantly. Instead, it will require some growing pains. While compliance can come in several easy steps, the initiation of the policy can be hard.
It requires more effort from employers and employees to communicate about the best schedule and ensure that everyone is happy. To get ready for these laws, businesses can practice creating these schedules without the penalty. This will help everyone get used to the new policies and allow them to adjust slowly.
Another essential part of successfully adhering to a Fair Workweek is answering questions. The business owner may not always be there to answer questions, so training the next in line, managers or supervisors, is essential to making sure employees know all there is to know about these policies.
Fair Workweek doesn’t just improve work-life balance for the employee, but can also improve your business environment. Employees will be happier and in turn more productive and loyal to your business.
Fair Workweek is better for everyone
While getting used to the Fair Workweek may be tricky, making adjustments one step at a time will help the process run smoothly. These laws are meant to improve scheduling for everyone. It will take some getting used to, but it’s the right thing to do.
Overall, this new scheduling system is all about having the right resources in place at exactly the right time that they are needed. While on-call scheduling may have seemed like it worked, Fair Workweek scheduling will help productivity and improve company culture.
