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.

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Photo of Melissa Healy Melissa Healy

Melissa Healy is a partner in the firm’s Labor & Employment group and focuses on providing advice in employment law matters, representing management in employment litigation, and providing traditional labor support to employers, including in bargaining, arbitration, and before the National Labor Relations…

Melissa Healy is a partner in the firm’s Labor & Employment group and focuses on providing advice in employment law matters, representing management in employment litigation, and providing traditional labor support to employers, including in bargaining, arbitration, and before the National Labor Relations Board. She has been named one of the Portland Business Journal’s “40 Under 40” and a “Rising Star” by Oregon Super Lawyers.

Click here for Melissa Healy’s full bio.

Photo of Brenda Baumgart Brenda Baumgart

Brenda Baumgart is practice group leader for Stoel Rives’ Labor & Employment group and devotes her practice to assisting companies of all sizes navigate the complexities of employment and labor laws. She partners with clients to provide day-to-day advice and compliance counseling, assisting…

Brenda Baumgart is practice group leader for Stoel Rives’ Labor & Employment group and devotes her practice to assisting companies of all sizes navigate the complexities of employment and labor laws. She partners with clients to provide day-to-day advice and compliance counseling, assisting them with finding practical solutions while minimizing litigation risk. Her litigation and trial work includes defending employers in federal and state courts in all areas of employment law (including single plaintiff cases and class/collective actions), handling appeals exclusively on matters of labor and employment law before appellate courts, including the Oregon Court of Appeals, the Oregon Supreme Court, the Ninth Circuit, the Eighth Circuit, and the Fifth Circuit, and administrative proceedings before various governmental agencies. Brenda also has a strong traditional labor practice and represents clients in labor arbitrations and matters before the National Labor Relations Board (NLRB). She conducts internal workplace investigations for private and public sector clients.

Click here for Brenda Baumgart’s full bio.