Employers must comply with federal and state labor laws when changing employee schedules, as regulations vary across industries and locations. Clear communication of shift changes improves morale, reduces compliance risks, and strengthens trust between employers and staff.
By Brad Nakase, Attorney
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Communicating your staff of changes regarding work schedules while maintaining compliance is essential but challenging. Continue reading to find out the legislation pertaining to work schedule changes.
As a manager, you make every effort to provide your staff with the best possible work schedule and notify them in advance of any changes. But things are occasionally not as intended. It’s necessary to understand how to modify work schedules while adhering to legal requirements because you may need to do so after you’ve prepared them.
Let’s look at the rules pertaining to employee schedule changes and what owners of businesses should be aware of.
Anybody over 16 can have their work schedule changed by their employer without notification or consent, according to the Federal Fair Labor Standards Act. To put it another way, you can ask a staff member to work anytime you require them to, provided that they are putting in the agreed-upon hourly rate.
You allow employees who do not qualify for overtime to work as much as they may need to accomplish their assigned duties without increasing their wages. You must pay an employee overtime when they perform more than forty hours per week and are not exempted by the overtime rule. However, state-specific overtime laws vary. You should ensure that you are following the law that applies to your area.
Naturally, if the workers are protected by a contract of collective bargaining, the aforementioned does not apply. Make sure you do your homework before moving forward because, if your workers are union members, advance notice of shifts is probably covered by the union-employer contract.
Under federal rules, labor laws on schedule changes generally allow employers flexibility, but state regulations may impose stricter requirements.
So, the FLSA thinks it’s legal to change staff schedules at the very last minute? That may be the case, but you ought to verify with your state as well. The rules pertaining to work schedule modifications vary by state; therefore, it’s essential to remember that. In case of employment law, remember that state laws tend to be superior to federal laws when they provide employees with more rights.
In the case that you are an employer in California, you must comply with the California Labor Law, which contains certain regulations regarding how much notice companies are required to give their employees when they switch their work schedule. The labor laws on schedule changes stipulate that employers in the retail and food service are obliged to give prior notice; otherwise, they are liable to pay the penalty.
For example, you must give your staff at least two weeks’ advance notice about their schedules if you operate an eatery or retail establishment in San Jose, San Francisco, or Emeryville that employs more than 56 people. You are required to give your employees additional compensation if the timetable is altered with fewer than seven days’ notice.
The regulations are different if you live in Oregon. Oregon’s predictive scheduling statute is one of the most detailed labor laws on schedule changes, mandating at least a week’s notice to employees. Businesses must notify workers of their scheduled hours no less than seven days in advance (mandated by Oregon’s Fair Workweek Act). This implies that shifts cannot be changed once the schedule has been set unless at least one week’s advance notification is given.
Under the Hours and Scheduling Stability Act (2015), you must give employees a minimum of twenty-one days’ notice before changing their schedules in Washington, DC.
Additionally, the Seattle City Council approved certain specific regulations on this topic in 2016. An employer is required to give a fourteen-day advance notice in person, via email, text, or phone message if they make modifications to the established work schedule. Additionally, the worker has the option to refuse to work whatever hours that aren’t on their schedule.
Texas labor laws adhere to the “At-Will” employment concept. It gives employers the authority to alter an employee’s schedule at any time. They can alter the schedule at the last moment (with or without prior warning). This kind of legislation/regulation has been enacted in several states, meaning that employers are not required to inform workers of changes in their schedules/shifts.
Sometimes companies overlook how local labor laws on schedule changes differ from federal guidelines. It can create compliance risks. You should know what is allowed in your state according to the local laws. These laws are liable to modification/change, and any new law may be introduced. There is also the need to keep abreast of them. Using a time-tracking tool that will automatically make sure you are in compliance with your state’s employment rules is beneficial.
You can alter the schedule as often as you like, and it won’t matter if your state doesn’t need you to notify employees of shift changes, right?
Doing this may not be good for your business. Although this may not be subject to legal consequences, such an action can decrease the morale and motivation of the members of your staff.
Communicating to your staff that you have to alter the schedule is always a good thing to do whenever you can. That way, they can modify their individual plans. A notice letter about a change in work schedule or software for tracking time that notifies you of an adjustment in shifts is one way to accomplish this.
It is an effective method for enhancing employee relations, even if it is not legally required in your jurisdiction.
Shifts may alter at the last moment. You should be aware that your staff members will have other commitments outside of their usual job. They may be forced to change their plans. Important stuff like childcare may take a backseat.
When you don’t provide employees with adequate notice/warning of a change in their work schedule, it can definitely disrupt their normal routine. This is more so when they are studying in school, have several jobs, or are taking care of kids/family. This will eventually stress out your staff and greatly affect their productivity at the workplace. Beyond compliance, respecting labor laws on schedule changes is also a best practice for building trust and improving retention.
High employee morale and effective employer-team communication are characteristics of the best-performing companies. Do your best to reduce last-minute shift changes and inform your employees as early as possible when you change the employee working conditions, even though it may not be a legally mandatory practice where you are. It makes them realize that you appreciate them and do not ignore their time.
With a smooth timekeeping software/solution, you can manage the time of your employees. Geofencing also gives you the possibility to track shifts and ensure the clock-out and clock-in locations. Employees (on-site or remote) can easily and reliably monitor their time with the assistance of the web platform or the mobile app.
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