Oregon is poised to become the first state to enact a “secure scheduling” or “fair work week” law that will impose significant new employee scheduling requirements on certain categories of large employers.  Senate Bill 828, which will set new scheduling standards for employers with 500 or more employees worldwide in the retail, hospitality, or food services industries, passed the Senate last week and just passed the House.  It has now been sent to Governor Kate Brown, who has indicated she will sign the bill following a routine legal review.

Among other provisions, the new law will require covered employers to:

  • Provide employees with a written work schedule at least seven calendar days in advance (which will increase to 14 days on July 1, 2020);
  • Pay a penalty wage (subject to a few exceptions) if the employer changes an employee’s schedule without sufficient advance notice (including at least one hour of additional pay when an employee’s shift time changes or the employee is scheduled for an extra shift, and half-time pay when an employee’s shift is shortened or canceled); and
  • Pay employees time and a half if they do not get at least a 10-hour break between shifts.

Employees asserting a violation of the law will be permitted to file a lawsuit or an administrative claim with the Oregon Bureau of Labor and Industries.

Oregon’s bill will be the first statewide scheduling law.  Several cities have already enacted similar laws, including Seattle (which goes into effect July 1, 2017; see our previous post here), New York, and San Francisco, and they are under consideration in other jurisdictions, including Chicago.

Once signed, the law will go into effect on July 1, 2018.  We will continue to keep you updated as developments arise.