Oregon Predictive Scheduling Law (Fair Work Practices Act)
activeOregon is the only state with a statewide predictive scheduling law. The Fair Work Practices Act requires covered employers (500+ employees worldwide in retail, hospitality, or food service) to provide work schedules at least 14 days in advance, pay schedule change premiums for last-minute changes, and provide a right to rest of at least 10 hours between shifts. The law aims to provide workers with more predictable and stable work schedules.
Applicability
Requirements
- Advance Notice
- Days
- 14
- Description
- Employers must provide employees with their work schedule at least 14 calendar days before the first day of the schedule.
- Method
- Written notice posted in a conspicuous and accessible location, or transmitted electronically.
- Schedule Change Premiums
- Description
- If an employer changes the schedule after it has been posted with less than 14 days notice, the employer must pay a schedule change premium to the affected employee.
- Less Than 14 Days Notice
- Added Hours
- One hour of pay at the employee's regular rate per shift changed.
- Reduced Hours
- One half-hour of pay at the employee's regular rate per shift changed.
- Schedule Change With No Loss Of Hours
- One hour of pay at the employee's regular rate per shift changed.
- Less Than 24 Hours Notice
- Added Hours
- One hour of pay at the employee's regular rate per shift changed.
- Reduced Hours Or Cancellation
- One half the employee's regular rate for each scheduled hour the employee does not work.
- Exemptions From Premiums
- Employee-requested schedule changes, Voluntary shift swaps between employees, Reductions due to employee discipline, Operations cannot begin or continue due to threats to employees or property, Operations cannot begin or continue due to failure of public utilities, Operations cannot begin or continue due to natural disaster or similar cause not within the employer's control, Mutually agreed upon changes
- Right To Rest
- Minimum Hours Between Shifts
- 10
- Description
- Employees have the right to decline work hours that are scheduled less than 10 hours after the end of the previous day's shift.
- Penalty For Violation
- If an employee consents to work during the rest period, the employer must pay the employee 1.5 times the employee's regular rate for hours worked during the rest period.
- Right To Input
- Description
- Employees have the right to identify limitations or changes to their work schedule availability and to request not to be scheduled during certain times or at certain locations.
- Employer Obligation
- Employers may not retaliate against employees for making schedule requests.
- Right To Additional Hours
- Description
- Before hiring new employees or using temporary workers, employers must offer additional hours to existing qualified employees who have indicated a desire for more hours.
- Good Faith Estimate
- Description
- Employers must provide a written good faith estimate of the employee's work schedule upon hire, including the median number of hours the employee can expect to work in an average month.
- Update Required
- Must be updated if the employee's schedule changes significantly.
- Recordkeeping
- Retention Years
- 3
- Records Required
- Work schedules, Good faith estimates, Written consents for right-to-rest waivers, Offers of additional hours to existing employees
Penalties
Violations may result in civil penalties enforced by BOLI. Employees may also bring private actions for unpaid schedule change premiums, back pay, reinstatement, compensatory damages, and reasonable attorney fees.
Per violation: $1000
Statute of limitations: 2 years
Notes
Oregon's predictive scheduling law is the only statewide law of its kind in the United States. While cities like San Francisco, Seattle, New York City, and Chicago have local predictive scheduling ordinances, Oregon's law applies across the entire state. The 500-employee threshold counts employees worldwide, not just within Oregon. The law specifically targets retail, hospitality, and food service industries. Employers must post schedules in a language the employees can understand if a significant portion of the workforce shares a non-English language.