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. If your employer extends your shift by less than an hour, you get that proportional share of the one-hour of predictability pay. Predictability pay if your employer adds, cuts, or changes scheduled shifts. 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. 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. 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. no mandatory clopens. Nursing mothers may have additional rights under federal law. 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 – … These changes affect employees defined as executive, administrative and professional, as … 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. 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. We drove Amazon to sever ties with right-wing lobby group ALEC and improve conditions in their sweatshop warehouses. Develop a plan today for how you can support your staff while they telework. If an employer directly asks only one person pick up or extend a shift, predictability pay is required. (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. You cannot be required to work back-to-back closing and opening shifts that are less than 10 hours apart. Employment / Age Certification. 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. 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. 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. Some state labor laws address scheduling changes that affect time off. 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. 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. 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. Email: hrandpayroll@des.wa.gov 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. 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. Employees must be allowed a paid rest period, free from duties, of at least 10 minutes for every 4 hours worked. 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. Understand Washington State employees may be eligible for accrued annual leave, a personal holiday, sick leave and state paid holidays. Right to rest, a.k.a. The principle behind secure scheduling is clear: workers are people. Currently, predictive scheduling ordinances say employers must schedule workers 10 days in advance – a timeframe that will increase to 14 days in 2022. Illinois employers also have to give employees a day off if they work more than 20 hours a week. These laws … (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. We must all be vigorous in our efforts to continue serving the residents of our state. Employees working more than 3 hours beyond their scheduled shift are entitled to additional meal periods. The Revised Code of Washington (RCW) is the compilation of all permanent laws now in force. Minors under 16: Contact the Department of Labor and Industries for additional requirements. Our work continues — with your help. 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. 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. no mandatory clopens. 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. Early predictive scheduling laws only applied to retail establishments and restaurants, with limited penalties and no private right of action (i.e. 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 … 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. Do not delay – take steps to enable all staff who are able to telework immediately. 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. Depending on the length of the shift and the timing of the meal period provided, employees may also be entitled to additional meal periods. 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. Employers should attempt to schedule employees rest periods as close to the midpoint of the four (4) hours work period as possible. And we have a right to know when we're going to work and how many hours we're going to get. Large retailers, food service providers, and full service restaurants in the. ... Getting Paid. 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. employers to pay employees for reporting or showing up to work if no work is performed The Federal Employees Flexible and Compressed Work Schedules Act (FEFCWA) removes traditional scheduling requirements for government employees. Part-time employees should check with their HR consultant for accrual information. Additionally: In some jobs, “mini” rest breaks can be taken instead of a scheduled rest break. 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. Good faith estimate of your hours & input into your schedule. You have the right to request input into your schedule without retaliation. Phone: (360) 407-2230. 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. Working Washington fast food strikers sparked the fight that won Seattle's landmark $15 minimum wage. An employer has the right to change an employee's schedule at any time, with or without notice. Washington law does not require overtime for hours worked over 8 hours in a day, with the exception of certain public works projects. 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. Rest breaks taken are considered “hours worked” when calculating paid sick leave and overtime. 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. For most employees, there are no state requirements regulating how and when they are scheduled. 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. They have to provide this to you at the time you are hired, and periodically throughout your employment. Work performed during meal breaks is considered “hours worked” when calculating paid sick leave and overtime. Senate Bill 57-17 would require employers to post schedules two weeks in advance. With only a few exceptions, an employee’s work schedule is set by their employer. Employees must be paid for all work performed at the rate agreed upon with their employer. See WAC 296-126-092(2) and (3). And we helped lead the winning campaign in SeaTac for a $15 living wage. 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. Unpaid meal breaks are not considered “hours worked.”. If you work for a large employer (with at least 500 employees worldwide) in the retail, hospitality, or food services industry, they … Organizations should pay particular attention and prioritize employees who are high and medium risk. Employees under 18 and agricultural workers have different standards than those listed on this page. Employers can require workers to stay on the job site during a rest break. Employees must be provided “reasonable access” to bathrooms and toilet facilities. Generally, federal law requires agencies to set traditional work hours over a Monday through Friday schedule. 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. FEFCWA authorizes - but does not require – agencies to establish alternative work schedules. Washington State. (3) By mutual agreement, an individual employee and his/her supervisor may agree to a temporarily modified weekly schedule. 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. 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. 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. Washington passed a statewide sick leave law; Seattle and Tacoma have existing local versions. Give today. 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. Note: there are also provisions to ensure employers that partner with certain nonprofit hiring programs can continue to do so. Overtime. 4. 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. 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. 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.. Seattle officials are considering new rules for another aspect of working life — scheduling. 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. We have lives away from work. Fair Labor Standards Act (FLSA) Family/Medical Leave (FMLA) Health and Safety (OSHA) Labor Laws (NLRA) Leave Laws. Annual Leave Full time employees earn 12-22 days of paid vacation per year depending on length of employment. (DOSH Directive 5.98). Part-time employees accrue leave based on the number of hours worked. 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. If an employer does not define a workweek, then it defaults to the calendar week – Sunday through Saturday. Right to rest, a.k.a. Employees have a right under Washington law to take rest breaks and meal breaks. Employers are not required to give weekends or holidays off and can schedule mandatory overtime. There are scheduling and overtime restrictions for: Employees cannot be required to work more than 3 hours without a rest break. With only a few exceptions, an employee’s work schedule is set by their employer. 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. Washington, D.C. A meal period must be at least 30 minutes long and start between the second and fifth hour of the shift. You receive one hour of additional pay when the employer adds or changes a scheduled shift with less than two weeks notice. These “mini” rest breaks must total at least 10 minutes over a 4-hour period. Minimum Wage. Mass Layoffs (WARN) Meals and Breaks. The State of Washington passed a few notable employment laws this year to take effect in 2018 and 2019. The day notification is given constitutes a day of notice. The Washington State Department of Labor & Industries has updated its rules regarding the minimum salary threshold and job duties tests for salaried exempt employees. Employers can define a workweek as any 7 consecutive days beginning on the same day and time every week. Employees working in Washington for an out-of-state business with no Washington location. Disability Discrimination (ADA) Discrimination Laws. employees could not sue for violations of the law). Also note that Washington State law does not restrict an employer's ability to mandate overtime hours. The Washington legislature is considering “secure scheduling” for employees across the state. They are called back to work, interrupting the meal period. Eligible employees will be able to begin using the statewide Paid Family and Medical Leave program after Jan. 1, 2020. (If you're a union member, the rules might work a little differently — talk to your union for more details.). 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. Breaks must be scheduled as close to the midpoint of a work period as possible. Vacation Leave Employees earn 14-25 days of paid vacation per year depending on the length of employment. 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. 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. Health care workers may also have specific meal and rest period requirements. Rest Breaks, Meal Periods & Schedules Employees have a right under Washington law to take rest breaks and meal breaks. The Washington Retail Association said it would not be commenting Monday. 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. 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