HR Alert

Oregon Passes Employee Work Scheduling Standards

Law Affects Large Retail, Hospitality, and Food Services Establishments

Oregon has passed an employee work scheduling standards law. Highlights of the law are presented below.

Coverage
The law generally applies to employers in certain retail, hospitality, and food service industries with at least 500 employees worldwide. Rules for determining the number of employees are provided in the law (section: 3).

Good Faith Estimate of Work Schedule
An employer must provide a new employee with a written good faith estimate of his or her work schedule at the time of hire. The good faith estimate must meet certain requirements (section: 4). The employer must include the good faith estimate in the language the employer typically uses to communicate with the employee.

Note: The law also permits employers to maintain a standby list of employees who have requested or agreed to work additional hours, and outlines criteria governing the use of the standby list. Click here (section: 4a) for further details.

Advance Notice of Work Schedule
Beginning July 1, 2018, an employer must provide an employee with a work schedule in writing at least 7 calendar days before the first day of the work schedule. The employer must post the written work schedule in a conspicuous and accessible location, in English and in the language the employer typically uses to communicate with the employees. Click here (section: 5) for additional requirements.

Note: Beginning July 1, 2020, an employer must provide an employee with a work schedule in writing at least 14 calendar days before the first day of the work schedule.

Right to Rest Between Work Shifts
An employer may not schedule or require an employee to work during certain rest periods (unless the employee requests or consents to work such hours). An employer generally must compensate an employee for each hour or portion of an hour that he or she works during a rest period at one and one-half times the employee's regular rate of pay. Click here (section: 6) for more details.

Compensation for Work Schedule Changes
An employer generally must provide certain compensation to an employee for each employer-requested change that occurs to the employee's written work schedule without the advance notice required in the law. Click here (section: 7) for more details and exceptions.

Posting and Recordkeeping Requirements
The state is expected to release a poster template giving notice of rights described in the law. The poster must be in English. Employers must display the poster at the workplace.

Also, an employer must retain records documenting compliance with the law for 3 years.

Additional details, requirements, and exceptions are contained in the text of the law. Many of the law's provisions become operative on July 1, 2018; however, the law contains additional effective and operative dates (section: section: 16 and 18).


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