On-call scheduling is one of the worst common and legal abuses inflicted on service workers that non-service workers may know nothing about. The practice, in which bosses don't give workers set schedules but force them to be available at the drop of a hat, can make it virtually impossible to hold a second job; hugely complicates childcare arrangements for workers who are parents; and means that workers don't know what their income will be week to week. Laws to curb the worst scheduling abuses have started to gain some momentum, but they’re still rare.
Philadelphia, though, may become the next city to pass a fair workweek bill, with a measure introduced by Councilmember Helen Gym scheduled for Dec. 6 city council vote:
The bill requires eligible employers to start giving their employees a good-faith estimate of their work schedule when they’re hired. That doesn’t have to be a precise weekly schedule, but it must include things like the average number of work hours employees will be scheduled on each week, whether they’ll be needed for on-call shifts, and times they can and cannot be expected to work. Starting in 2020, eligible employers will also have to post detailed work schedules 10 days in advance; that time frame changes to 14 days in 2021. If hours aren’t included in the designated work schedule, employees can decline to work them.
What gives Philly’s bill teeth is that, if employers change the posted work schedule after that 10 or 14 day limit, they’ll also have to pay the employee a “predictability pay” fee, in addition to the employee’s hourly wage for the hours in question.
Philadelphia would join New York City, San Francisco, Seattle, San Jose, and Emeryville, California, as well as the state of Oregon in having a fair workweek law.
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