Restrictive Scheduling Update
Industry Members Encouraged to Take Action on These Bills
As we mentioned a few months ago, restrictive scheduling has been an issue taken up recently in San Francisco and Seattle. Portland passed a scheduling ordinance in 2015 but a statewide preemption was passed in the state legislature effective until the session ends this year if no further preemption is approved.
There are two bills in the legislature right now in Oregon regarding restrictive scheduling: HB 2193 and SB 329. These bills have the potential to obstruct the freedoms enjoyed by workers across Oregon’s hospitality industry.
House Bill 2193 – ORLA Opposes
Due to the restrictive and punitive nature of this bill, ORLA opposes its passage. Further, recent research in Seattle has shown that employees themselves are not interested in having the government interfere with scheduling practices at their workplace. According to that survey, three out of four employees surveyed did not want the government to have a say in how their schedule was created or implemented.
- Requires employer to pay employee equivalent of at least four hours of work if employee is scheduled or called in to work but, due to employer, does not work entire shift.
- Prohibits employer from retaliating against employee who requests preferred work schedule.
- Requires large employers in specified industries to engage in interactive process toward resolution of schedule conflicts and to grant preferred schedule request to employee unless employer has bona fide business reason not to do so.
- Requires large employers in specified industries to provide new employee with estimated work schedule and to provide current employee with two weeks' notice of employee work schedule.
- Prohibits large employers in specified industries from scheduling work shifts that do not allow sufficient break time in between shifts unless employee earns 1.5 times scheduled rate of pay.
- Requires large employers in specified industries to pay penalty wage if employer changes scheduled shift with less than two weeks' notice.
- Requires large employers in specified industries to consider internal applicant before hiring outside applicant.
- Requires all employers to maintain records relating to compliance for three years.
- Makes unlawful employment practice for all employers to interfere with employee rights or retaliate against employee for exercising rights granted to employee under Act.
- Allows for administrative or civil cause of action and escalating statutory penalties for each violation.
ORLA is currently conducting its own survey in the Portland Metro area. We strongly urge any non-management workers be informed about the survey and encouraged to fill it out. The survey is completely anonymous and employees who complete the survey are entered into a drawing for one of five $100 Amazon Gift Cards. Find the link on ORLA’s website in the events list at OregonRLA.org.
SB 329 – ORLA Supports
Senate Bill 329 would extend the state preemption of local governmental authority to regulate work schedule requirements. It would be effective upon passage of the bill.
ORLA supports passage of this bill as we believe restrictive scheduling to be an onerous and unnecessary regulation and one that is not supported by the very people it claims to want to help.
As these bills move through the process, we will likely need employers and employees to testify, send in testimony or contact their State Senator or State Representative. Your involvement and help with these bills will be critically important.
For more information on how you can help or get involved, please contact me at Astley@OregonRLA.org. | Greg Astley, Oregon Restaurant & Lodging Association