Mandated Predictability Jeopardizes Workplace Flexibility

The topic of predictable scheduling has become a national issue for labor groups over the last several years. The groups have focused primarily on five main areas:

  • Lack of adequate notice of work schedules, referenced as “just-in-time scheduling”;
  • “Clopening,” which is working a closing shift and an opening shift back-to-back;
  • On-call shifts;
  • Last-minute requests to work a shift or last-minute cancellation of shifts; and
  • Guaranteed hours, or a lack thereof.

Proponents of predictable scheduling have stated that these issues have an impact on low-wage workers and part-time employees who try to work multiple jobs, as well as women who struggle with child care.

Opponents argue that mandating scheduling requirements will limit an employer’s flexibility to accommodate employee requests for time off, limit offers of additional hours for employees who seek or want to work more, and significantly increase the cost of doing business. This national debate about the benefits of predictable scheduling will continue to be a policy consideration in California in 2018.

Mandated Predictability Jeopardizes Workplace Flexibility

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Protect employers’ rights to organize, direct and manage their companies’ employees in an efficient, safe and productive manner.

Major Victories

Protected employers’ ability to manage workplace in 2017 by:

  • Leading coalition that secured multiple sets of amendments that clarified language ambiguities and reduced burden on employers under existing regulations on the use of criminal history in employment decisions (AB 1008).
  • Winning amendments to limit employer liability and administrative burdens in legislation that otherwise put employers in a no-win situation between federal immigration enforcement and state enforcement (AB 450).
  • Supporting Governor’s veto of proposal that would have inappropriately allowed organizations unaffiliated with the employer to gain access to a potentially unlimited scope of employer internal documents (AB 978).

Led coalition in 2016 to stop mandate to pay double the regular rate of pay on Thanksgiving (AB 67).

Secured amendments to legislation in 2016 that would have threatened employers with civil litigation for seeking an applicant’s prior salary and benefit information even though the applicant suffered no harm in compensation from the inquiry (AB 1676).

Led coalition in 2016 that defeated legislation adding to time off that employers must provide employees (AB 2405).

Led coalition in 2016 preventing passage of proposal to subject employers to random investigations for alleged retaliation against employees even when there are no employee complaints of retaliation (AB 2261).

Stopped new maternity/paternity leave mandate in 2016 for small employers with as few as 20 employees (SB 1166, SB 654).

Clarifying Leave Requirements. Sponsored legislation signed into law in 2011 to clarify the requirements of paid bone marrow and/or organ donation leave, to provide employers with certainty as to how this leave should be implemented (SB 272).

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Jennifer-Barrera-2010-300x300Jennifer Barrera
Senior Vice President, Policy