Fair Work Week: Oregon the First State to Curb Schedule Abuses

Oregon is set to become the first U.S. state requiring certain businesses to furnish workers with a week’s notice of their job schedules and a minimum of 10 hours rest between daily shifts under a bill that won final legislative approval last week.

FAIR WORK WEEK

The bill, dubbed the “fair work week” act by supporters, is aimed at giving greater predictability to low-wage employees whose hours tend vary widely from day to day or week to week. Democratic Governor Kate Brown is expected to sign the bill into law.

The measure would go into effect next year and apply to Oregon workers on the payrolls of retail, food service and hospitality companies with at least 500 employees worldwide where abusive scheduling practices have become increasingly common.

Under the bill, those companies must provide employees in Oregon, starting on July 18, with written estimates of their work schedules seven days in advance, with the required scheduling notice increased to two weeks beginning in July 2020.

RELATED: Coast-to-Coast American Workers Fight for Stable Schedules

Workers also would be entitled to a break of at least 10 hours between work shifts from one day to the next, and to receive extra pay if they agreed to a shorter rest interval – typically between closing hours at night and opening hours the next morning.

Moreover, the bill protects employees from workplace retaliation for merely expressing a scheduling preference to their bosses.

RELATED: Yes, We Can Do Something About Insecure Work in America

Work schedule predictability has emerged as a major issue causing growing anxiety in the American labor force even as the U.S. jobless rate has fallen to below-average levels.

Supporters of Oregon’s bill cite recent studies showing volatile work hours becoming increasingly common, posing difficulties in managing personal finances, arranging for child care and making doctor’s appointments, especially for single working parents.

One in six Oregon workers reported having less than 24 hours notice of their job shifts; nearly three-quarters said they were notified of work schedules two weeks or less in advance; and 44 percent said they had worked back-to-back shifts, such as closing one day and opening the next, according to a report from the Labor Education Research Center of the University of Oregon and Portland State University.

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How the Law Works

Under SB 828, retail, hotel, and food service establishments that have 500 or more employees worldwide must:

  • Provide new hires with a written good faith estimate of their work schedule
  • Post work schedules at least 7 days in advance (14 days after July 1, 2020).
  • Provide at least 10 hours between work shifts (unless the employee requests or consents to work otherwise, in which case they earn time-and-a-half for hours worked less than 10 hours after the previous shift)
  • Compensate employees for schedule changes: An extra hour of pay for each time more than 30 minutes is added to a shift, or the date or start time of a shift is changed with no loss of hours, or an additional work or on-call shift is added; and an extra half an hour of pay for each scheduled hour that an employee doesn’t end up working because the employer cancels a shift or changes the start or end time of a shift.
  • Pay half-time for each hour that an employee is on-call but isn’t called in to work.

The employers aren’t required to pay for schedule changes that employees initiate. And they can maintain a standby list of employees who are willing to work extra hours on short notice in case of unanticipated customer needs or unexpected employee absences.

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Oregon’s legislation, which sponsors say would mark the first of its kind in the nation, follows the enactment of similar measures by several cities, including Seattle, San Francisco and San Jose, California.

The bill cleared the Oregon’s House of Representatives on Thursday on a bipartisan vote of 46-13. The state Senate passed the measure last week on a vote of 23-6, following extensive negotiations between Democrats and Republicans.

YOUR TURN

How would you benefit from Fair Work Week legislation? Sound off on the Union Built PC Facebook Page or on our Twitter or LinkedIn feeds. And don’t forget to subscribe to our monthly email newsletter for articles like this delivered straight to your inbox. You may unsubscribe at any time.

Unions — Not Corporations — Stand for Freedom of American Workers

Freedom is one of the most cherished American principles. But freedom means more than the ability to speak your mind, practice your religion, or choose your own democratically elected leaders. Our freedoms don’t end with the First Amendment to the Constitution.

Freedom is also the ability to enjoy economic security and stability. And that means more than making a decent living and having enough to pay the bills. It’s about both financially supporting our families and having time to be there for them. Freedom is the ability to take your mom or dad to a doctor’s appointment, to attend a parent-teacher conference, and to retire with dignity.

Unions provide the power in numbers that allow workers to secure and protect these freedoms.

Unite

Unions champion policies that benefit all Americans. They fight for affordable healthcare for all, especially now, as Congress is considering legislation which would inexplicably throw millions of people off the insurance rolls.

Unions fight to improve the quality of public services. Union member Tyrone Wooten is an environmental technician at a medical facility in Flint, Michigan. He knows firsthand the devastating impact of the water supply contamination in his community. And he traveled 14 hours by bus last year to Washington, to protest the testimony of the Michigan governor, whose austerity policies led to the water crisis in Flint.

Unions are also on the front lines when it comes to retirement security participating actively in protecting public pensions and safeguarding Social Security.

RELATED: The Pros of Joining A Labor Union

It’s hard to believe anyone could be against pregnant women and infants having quality health services, families having clean drinking water, or retirees having rock-solid Social Security benefits. But many people actually are. The privileged and powerful — CEOs, massive corporations, and the wealthiest 1 percent — do not just oppose these freedoms. They rig the rules to undermine them and they spend billions of dollars lobbying against them.

And because Unions fight for these freedoms, the moneyed interests have made Unions a target. They want to use the courts to chip away at the rights and protections Unions have won for everyone. They have now petitioned the Supreme Court to take a case called Janus v. AFSCME, in which the plaintiffs seek to impose “right-to-work” as the law of the land in the public sector.

Right-to-work threatens the ability of working people to stand together in a strong Unions, drives down wages and weakens workplace protections, while redistributing wealth upward. Moreover, right-to-work has its roots in the Jim Crow south, where segregationists pushed it to restrict the labor rights of African Americans and keep them from finding common cause with their white coworkers. Right-to-work, in other words, was created to inhibit freedom.

RELATED: What Are The Common Topics In Most Union Contracts?

Americans value their freedom, and they define it broadly. It is the ability to earn a decent paycheck without sacrificing family life. It is the opportunity to live in a safe community and send your kids to a decent school. It is the peace of mind of knowing that an injury or illness won’t ruin you financially and that you can live in some modest comfort in your golden years.

The labor movement believes in — and are the guardians of — all of these freedoms. So, as the corporate special interests gear up for another well-funded attack, let us do everything in our power to protect and defend our freedom to join together in a union.

YOUR TURN

How is your Union taking a stand to protect and defend the freedoms and rights of American Workers. We want to hear your story. Sound off on the Union Built PC Facebook Page or on our Twitter or LinkedIn Feeds. And don’t forget to subscribe to our monthly UNION STRONG email newsletter. You may unsubscribe at any time.