Preparing for Philadelphia’s 2020 predictive scheduling ordinance
Predictive scheduling legislation has been sweeping the nation, and Philadelphia is next in line. On January 1, 2020, the Philadelphia Fair Workweek Employment Standards Ordinance will take effect.
The Ordinance will require employers in the retail, food and hospitality industries with 30 or more locations nationwide (including franchises and chains) and 250 plus employees in total to:
- Give existing employees the right of first refusal to work additional hours before hiring new employees;
- Post and provide advance written notice of work schedules;
- Provide predictability pay for any departures from the posted schedules; and
- Permit a rest period of nine hours between shifts.
The 250-employee count includes full-time, part-time and temporary workers. It does not cover independent contractors or employees covered by a collective bargaining agreement.
When the Ordinance takes effect, Philadelphia will join several other jurisdictions, including San Francisco, Chicago, New York City, Oregon and Seattle in enacting predictive scheduling legislation.
Employers with questions regarding changes in the law should consult with experienced human resources professionals and/or labor and employment counsel. For MEA members, the Hotline and a Member Legal Services attorney are available to provide this assistance.
About the Author
Amy McAndrew is MEA’s Director of Member Legal Services and has over twenty years of experience as a labor and employment attorney.