Predictive scheduling is one of the latest trends in the ever-evolving labor and employment law landscape. Particularly targeting workers in the fast food, hospitality, and other retail environments, predictive scheduling is gaining momentum throughout the United States, while adding a layer of complexity to wage and hour compliance. In this article, we explore the current state of predictive scheduling and fair workweek obligations, how government regulation may be in play, and what to expect in 2024.
At a high level, predictive scheduling, also known as fair or secure scheduling, requires employers to post work schedules in advance — generally 14 days ahead of time — and limits the ability of employers to thereafter change an employee’s schedule. By providing employees with this information, predictive scheduling has the potential to enhance work-life balance, increase overall job satisfaction, and reduce turnover. However, for employers, staying in compliance when requirements vary across jurisdictions can be tedious and complicated.
Several jurisdictions have passed fair workweek laws, with New York City’s law being one of the strictest. It has a separate set of rules for fast-food and retail employers. For fast-food establishments, employers are required to provide a regular work schedule (RWS), whereas in other jurisdictions a good-faith estimate schedule is...
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