What is Fair Workweek in Oregon?
The Fair Workweek ordinance outlines a set of labor laws to create a stable, predictable work environment for service-based industries, such as hospitality or retail. In some locations, Fair Workweek is also known as Predictability Pay. Oregon Fair Workweek rules apply to businesses with at least 500 employees worldwide that operate in hospitality, foodservice, and retail. Employers need to follow the following Fair Workweek laws in Oregon:
Provide advanced notice of schedule and shift information to employees.
Allow right to rest periods between shifts to avoid assigning “clopenings” (close-to-open).
Calculate an accurate Good Faith Estimate of expected hours worked per week.
Take employee scheduling feedback into consideration, such as preferred work locations or changes in weekly availability. Requests are not mandatory but may not be retaliated against.
If an employee agrees to the above points, such as a last-minute scheduling change, or initiates an employee shift swap, the employer is not obligated to pay a Fair Workweek premium.
If an employee agrees to any of the above bullets that would result in a compliance fee, the employer is not obligated to pay a premium.
We stand our ground on Fair Workweek compliance so you can focus on creating a world-class customer experience.
Empower your teams with the ability to manage schedules, monitor scheduling fees, and properly report premium pay.
What does Fair Workweek
in Oregon look like?
Fair Workweek regulations in Oregon may vary by city or individual jurisdiction. In general, Oregon businesses must follow the below Fair Workweek rules.
Advanced notice scheduling. Schedules must be posted 2 weeks (14 days) in advance for the first day posted on the schedule.
Voluntary standby list. While not required, employers have the option to create a voluntary standby list of employees whom they can request additional work hours from not previously outlined in their schedule or good faith estimate.
Employees are only eligible to be added to a voluntary standby list if both parties agree in writing, or if the employee willingly requests to be on the list.
While on a voluntary standby list, employers must:
- Allow employees to easily request to be removed from the list.
- Outline how employees can find additional work hours and request to take them.
Employees on the voluntary standby list:
- Are not required to take on voluntary standby shifts
- Are not entitled to premium payments outlined in the base Oregon Fair Workweek laws.
Right to rest periods. Employees must be granted at least a 10-hour rest period between shifts.
Good Faith Estimates. Employers must provide new employees with written Good Faith Estimates that:
- Outlines the median number of expected working hours per month
- Clearly outlines their voluntary standby list requirements.
- Explains if the employee is expected to work on-call shifts, and how the on-call process works.
Premium payments for Oregon service businesses
- Adding hours to an employee schedule without advanced notice. Pay the employee a premium of 1 additional hour at the employee’s hourly rate.
- Subtracted or canceling scheduled hours without advanced notice. Pay the employee half of their hourly rate for each hour the employee didn’t work but was supposed to. The above premium payments are not valid if an employer makes schedule changes that are 30 minutes or less or if an employee initiates an employee-to-employee shift swap.
- Employee scheduled to be “on-call” but isn’t called into work. Pay the employee half of their hourly rate for each hour the employee didn’t work but was supposed to.
Managing Fair Workweek with Harri
Preparing for Fair Workweek
Manage these complex regulations in a proactive fashion, both from a scheduling and a timekeeping perspective, allowing operators to more effectively schedule and manage teams, while minimizing the risk of non-compliance. Download a free Fair Workweek Checklist to audit your current schedule & Fair Workweek provider.
This complete guide will thoroughly explain what the Fair Workweek ordinances means, a breakdown by cities putting it into practice, and the Harri solution.