This article has been written as a general guide for the steps required to set up the Deputy features in your account to assist with complying with Fair Workweek legislation.
Please review the other articles in this section of our help centre for guidance that is more specific to the various locations in which Fair Workweek is applicable.
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.
Note that not all steps described below will be relevant to your organisation's situation:
- Identify your obligations
- Enable schedule change consent settings in each applicable location
- Add the relevant FWW pay rates to your team members
- Add your team members' regular working hours to their profile
- Build and publish a schedule for advance notice for your team members
- Be alerted to clopening / right to rest triggered schedule
- Be alerted to other schedule changes requiring consent
- Review team member's timesheets including any relevant automated shift loadings
- Run reports as required to produce evidence of compliance with Fair Workweek legislation.
1. Identify your obligations
Before you configure any settings in Deputy to enable Fair Workweek features, ensure you have a clear picture of the legislation you need to comply with in your location and industry:
2. Enable schedule change consent settings in each applicable location
For regions that require businesses to obtain consent from team members to make certain schedule changes you will need to enable this feature in each applicable location in your organisation:
On the Locations tab, click on Edit settings for the location you would like to enable schedule change consent for.
On the Scheduling tab, scroll down to the Consent section and select the option relevant to your region. Don't forget to click Save when done.
Once this setting has been enabled for a location and a manager creates schedule changes for team members in that location, this may trigger the need for team members to consent to the schedule changes, depending on the specific Fair Workweek requirements in that region.
For specific guidance on the schedule consent constraints in your region, please review the relevant help article for your region.
3. Add the relevant FWW pay rates to your team members
You can add a FWW pay rate to your team member by clicking on their name on the People tab.
Select the Employment tab then click Set a pay rate or Edit if you need to change the pay rate from the existing pay rate already set for this team member.
In the Pay rates field start typing the name of the FWW pay rate you wish to use.
Enter the base rate ($ per hour) and click Save.
Note: you can click on View all rates and allowances to see all the rules and premiums that make up the pay rate you have selected.
If you'd like to bulk apply the same pay rate to multiple team members at once, you can do this too.
Use the search bar or filter to curate a list of the people you want to update pay rates for and then tick the boxes next to the names of the the people you wish to update. The box at the top of the list allows you to select all people displayed in the list if you need to.
Click on Bulk Actions then select Set pay rate.
In the Pay rates field start typing the name of the FWW pay rate you wish to use and enter the base rate you would like to pay these team members. Click Save.
You can see all the team members you have added the selected pay rate and the base rate to by using the Display > Pay rates option on the People tab.
4. Add your team members' regular working hours to their profile
Many regions that have Fair Workweek legislation require employers to provide a good faith estimate of their team member's intended working hours at the point of hire. Managers can add this good faith estimate to each team member's profile in Deputy as their regular working hours. This will make it easier to schedule the team members for the hours that have been indicated for them when they agree to the role.
A good faith estimate can be entered in to Deputy in one of two ways:
- as regular working hours by detailing the day and time of the shift and breaks that you agree the team member will work
- as total working hours by detailing the total number of hours a team member will work in a defined work period.
To decide which of these two methods you should use, please review the Fair Workweek requirements in your specific region.
Note: if you are using Fair Workweek features in your account you will need to set your team member's regular working hours individually. The option to use Bulk actions to set agreed hours is currently disabled for Fair Workweek and you will find the option is grayed out in your menu.
For this example, we will add a good faith estimate of the team member's intended work hours by detailing his regular working hours that he agreed to in his contract.
Open the employee profile of the team member you wish to edit and in the Employment tab, select Set a work period or click Edit.
Set the work period you would like to enter regular hours for. This may align with your business' scheduling or payroll cadence.
If all team members have the same work period you will only need to create a new work period once and then you will be able to choose it from the drop-down list for other team members.
Click on Add regular working hours
Complete the details of the team member's intended work hours including day of the week, start and end times for the shifts, break type and duration (break times are optional) as well as the area they will be working in.
Click Add regular working hours.
In some Fair Workweek regions (San Francisco and San Jose) that's all you need to do and the regular working hours will be saved to the team member's profile ready to help you schedule your team in keeping with these hours.
In other Fair Workweek regions, you may be asked to complete one further step. This includes setting a date for this regular schedule to become effective and depending on the region you are in you may be asked to list a reason for the changes and include a message.
In New York City (Fast Food) Fair Workweek locations you may also be asked to obtain consent from the employee when setting regular working hours.
Read more about Setting regular working hours with Fair Workweek
5. Build and publish a schedule for advance notice for your team members
Once you have set your team member's regular working hours in their profile, it's easy to build a schedule around this and publish it to notify them well in advance of the required timeframe legislated in your region.
Lauren has regular working hours entered in her employee profile under the Employment tab as shown in the example below:
On the Schedule tab, when we select an empty schedule, Lauren has a red exclamation icon against her name to let us know her regular working hours have not been met.
Click on the drop-down arrow next to Auto and select Auto-schedule agreed hours.
The regular working hours shifts have been created in the schedule and the team member now has a green tick against her name to indicate her regular working hours have been met. The shifts can now be published to notify the team members in advance of the schedule.
Your team members can access their shifts in Deputy well in advance of the schedule.
6. Be alerted to clopening / right to rest triggered schedule
Some regions require a minimum number of hours between shifts to allow team members to rest. Deputy will alert scheduling managers if they create shifts that violate these requirements in the relevant location.
These alerts are driven by the pay rate you have assigned to the team member so it's important you assign the correct Fair Workweek pay rate to your team members before you begin scheduling.
In this example, the team member is scheduled to work late at night on Wednesday and the manager tries to create and save an early start shift the next day.
A warning is shown to alert the manager. They can choose to find another team member to take the second shift and allow the first member to rest or click Schedule anyway to keep the team member on both shifts.
If the team member is scheduled anyway, then a warning icon will appear on the shift in the Schedule and a premium pay may be applied to the shift depending on your region's legislation.
7. Be alerted to other schedule changes requiring consent
In some Fair Workweek regions, changes to an employee's work arrangement or upcoming working schedule might need explicit, documented consent before those changes can be applied. When Scheduling consent is enabled in your location, Deputy will:
- warn the scheduling manager of these requirements when a relevant change is made
- automatically send notifications for the team member to accept to decline the schedule
- inform the manager of the outcome and document these actions for reporting
Creating a new shift or changing an already published shift in the Schedule will generate warnings if the action violates the relevant locations' Fair Workweek legislation. Read more about scheduling with Fair Workweek consent enabled.
The team member will be asked to accept or decline the shift changes via email and push notification on the Deputy mobile apps. Read more about team members consenting to shift changes.
8. Review team member's timesheets including any relevant automated shift loadings
Team members who have a Fair Workweek pay rate assigned and may have consented to scheduling triggers such as:
- working new shifts or shift changes within a specific timeframe of the shift start time
- working shifts without the specified amount of rest between them
- having a published shift removed within a specific timeframe
will have the relevant Predictability Pay premium added to their timesheet when the manager approves it.
In the below example, the approved timesheet shows the team member with a New York City Fast Food Fair Work Week Payrate assigned to them worked 9.5 hours and had 1 unit of Predictability Pay added due to these hours being added or increased with less than one day's notice.
On the Export Timesheets page, if the manager clicks on Pay Breakdown they can see these Premiums will be exported to payroll. The export codes for the pay rates and premiums can be edited to match with payroll codes as required.
9. Run reports as required to produce evidence of compliance with Fair Workweek legislation.
Managers can run reports to assist with compliance with Fair Workweek regulations.
The Reports tab in Deputy has two Fair Workweek specific reports:
- the schedule change premiums report to see which shifts have triggered pay premiums to be paid on their team member timesheets
- the schedule change audit report to see which shifts have triggered consent requirements with their team member and track consent responses.