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Why a New Law? Part time employees of chain stores seldom know their schedules well ahead of time! – “just in time scheduling” by computer – 2 hours notice.

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Presentation on theme: "Why a New Law? Part time employees of chain stores seldom know their schedules well ahead of time! – “just in time scheduling” by computer – 2 hours notice."— Presentation transcript:

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2 Why a New Law? Part time employees of chain stores seldom know their schedules well ahead of time! – “just in time scheduling” by computer – 2 hours notice – “stand by” scheduling, w 2 hours notice Part time employees don’t get same pay, access to time off, or chance at promotions that full time employees get

3 FINDINGS & Purpose Many laws start w this so interpreters (courts, lawyers, citizens) know what law means based on what its purpose is First, the FINDINGS: the facts – 1250 “formula retails – food, clothes, restaurants, shoes, banks, etc – 35,000 employees – 2/3’s of chain store employees nationwide get schedules 7 or less days before workdays – Less than ½ have consistent hours week to week – 25% SF employees must be ‘on call’ w only 2 hours notice – ½ employees have NO input on work schedules

4 Findings & PURPOSE Unpredictable schedules are bad because: – Lead to income insecurity, and therefore financial instability for workers – Create work-family conflicts making child care, adult care, transportation planning difficult – Prevent part timers from pursuing education – Prevent part timers from holding 2cd or 3d job to make ends meet Overall purpose is to provide predictable, stable schedules to make earning a living and a “healthy & decent” life for themselves & their families

5 The Law Itself Coverage: – 20 or more stores worldwide (same trade name) – 20 or more employees in all stores in Bay Area – Effective Jan Step One: at Hiring – Must provide “good faith estimate” of number of shifts, days & hours of shifts in writing – Employee may request modification & employer shall consider request but doesn’t have to agree

6 The Law, Part Two Two weeks’ notice of schedule of shifts – By posting or by electronic posting – Includes new employees’ notice – Must include any ‘on call’ shifts If shifts change – Employer must give notice in person, or by phone or electronically – Employer must pay “predictability” penalty for changing shifts during the 2 week period

7 “Predictability Pay”: Regular Shifts If less than 7 days’ notice, but more than 24 hours, one hour extra pay If less than 24 hours’ notice, 2 hours extra pay for shift of 4 hours or less If less than 24 hours’ notice, 4 hours extra pay for shifts of more than 4 hours

8 “Predictability Pay”: for On-Call Shifts If not called in, 2 hours of pay for 4 hours or less shifts If not called in, 4 hours pay for more than 4 hour shift

9 BUT, NO “Predictability Pay” IF: No shift because of threats to property (bombs, etc.) No shift because of public utilities failure (water, gas, etc.) No shift because of Act of God – storms, earthquakes, etc. Another employee can’t come in & doesn’t give 7 days’ notice Mandatory overtime w/o notice Employee trades shifts, or asks for change in shifts

10 The Law: Equal Treatment for Part Timers PT’ers same wages as FT’ers – If same skill, effort, responsibility, same work conditions – But different ok if based on seniority, merit, quantity of production Same shot at time off (paid or unpaid); but pro- rata is ok Same shot at promotion, but can be limited by availability for full time, and/or nature & amount of work experience

11 Enforcement of Law Illegal to deny the pay, and opportunities Illegal to retaliate if employee tries to enforce their rights, or asks about them SF Office of Labor Standards Enforcement – Call, or file complaint – Investigated & prosecuted for free – “Cease & Desist Order” – Lost wages & $50 for each day it happened

12 For more information, contact your labor law counsel.


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