- Background knowledge
- Who is covered by the Oregon Predictive Scheduling Law?
- What are Predictive Scheduling Requirements and how can Deputy help?
Background Knowledge
This article assumes you have read these general articles on Predictive Scheduling / Fair Workweek:
You can also find more information about Oregon's Predictive Scheduling / Fair Workweek law here:
Note: If team members clock in and out using the Deputy Kiosk for iPad or Deputy Time Clock for Android, make sure these apps have been updated to the latest versions. Fair Workweek will only be supported on iOS Kiosk version 5.3.7 and Android Time Clock version 0.11.0 and beyond.
Who is covered by the Oregon Predictive Scheduling Law?
In order to be covered by these laws, a business must be:
- In a retail, hospitality or food service establishment;
- Employ 500 or more employees worldwide who are primarily engaged in providing retail, hospitality or food services.
For guidance on whether your business’s employees are covered by these protections, please consult with BOLI or your legal counsel.
What are Oregon's Predictive Scheduling Requirements and how can Deputy help?
Good faith estimate
The good faith estimate is aimed at giving employees a set schedule that they can rely on. It must be provided to the employee at the time of hire, and an updated copy should be provided to the employee anytime there is a long-term change to the good faith estimate.
The good faith estimate must state the median number of hours the employee is expected to work in an average month; explain the voluntary standby list; and explain whether the employee is expected to work on-call shifts if they have not chosen to be on the voluntary standby list and how that process works.
How can Deputy help?
Deputy allows you to provide good faith estimates to your team members through our regular working hours feature. Read more at:
Advanced notice for scheduling
Oregon's Predictive Scheduling law requires employers to provide employees with work schedules in advance. For Oregon, this has to be 14 days in advance of the first day on the schedule.
How can Deputy help?
Deputy allows managers to schedule shifts well into the future - and when published, employees will always have access to their shifts, allowing them to plan ahead. Read more at:
Schedule change consent
Subject to limited exceptions, employers cannot add time to an employee’s schedule without their consent within 14 days from the start of the work period. Consent must be 100% voluntary.
This includes situations such as:
- adding time to a shift or
- changing the day, time or location of a shift or
- request to cover for another employee who called out sick.
Consent must be documented in writing, or electronically and must reference the specific shift they are consenting to change.
How can Deputy help?
- When scheduling in Deputy with consent enabled, scheduling managers will be warned if they have created or changed a shift that will require consent from the team member and may trigger a pay premium.
- Note: To minimise occurrences of scheduling or changing shifts that trigger consent or incur pay premiums, scheduling managers are reminded that to comply with legislation, managers need to publish new or changed shifts 14 days before the beginning of the work period in which the shift occurs (not just 14 days before the start of the shift itself).
- In the event of last-minute unscheduled changes to shifts, consent is also captured through the use of shift questions at clock in and out. Shift questions are used to capture consent ahead of time for changed shifts, when an employee clocks in early or late, or to attest to missed meal and rest breaks. These get recorded in the timesheet for audit purposes. If you have assigned the Oregon Pay Rate to your team member, we automatically provide attestation questions for the following scenarios:
- Unscheduled Shift
- Early In
- Early Out
- Late In
- Late Out
Predictability pay for schedule changes
Oregon's Predictive Scheduling law requires that employees be paid premium payments in addition to their normal wages for changes to the published work schedule. This is aimed at rewarding employees who are flexible, and as a disincentive to businesses for making last-minute changes.
For Oregon, predictability pay is paid according to the following table:
|
Amount of notice (before first date on work schedule) |
Rate for additional hours (new or extended shift) |
Rate if no impact on total hours (without changing the total duration of the shift) |
Rate for reduced hours (shortened or removed shift) |
| Less than 14 days’ notice | 1x hour at Employee Regular Rate | 1x hour at Employee Regular Rate | The amount of hours reduced, payable at 0.5x Employee Regular Rate |
How can Deputy help?
Deputy pay rates can take the stress out of manually calculating premium payments by automatically suggesting premiums based on changes made to the schedule, allowing direct export straight to your payroll provider.
This library rate is available in both premium and enterprise accounts in the pay rates section of your team member's profile.
For more information on exactly how this calculates premiums, see Oregon Predictive Scheduling pay rate.
Right to rest (Clopening)
"Clopening" shifts are shifts where an employee works late one night and then works early the next morning.
Oregon employees are required to have at least 10 hours of rest between shifts across two workdays, and 10 hours of rest after a shift spanning two workdays. Clopening shifts are banned unless the employee consents to work the shift and is paid extra pay called clopening pay. Clopening shifts are also paid at a premium rate of time and a half.
How can Deputy help?
Deputy will alert the manager when they have scheduled a team member on a clopening shift by providing a warning that this shift may incur a clopening pay premium. If the manager overrides the shift warning then the team member will be asked to consent to working this shift. Read more at
Recordkeeping
Predictive Scheduling laws requires key information to be stored for several years that show compliance with the laws. This includes copies of good faith estimates, rosters, timesheets, consents to schedule changes, records of all schedule changes, records of predictability pay, clopenings and clopening pay, and proof that open shifts were offered to current employees.
How can Deputy help?
Deputy will electronically store most records saved in the system, and in the event of an audit can provide employers with a copy of their records on request. Employers may also create numerous reports within Deputy to provide to auditors.