APPLIES TO FAST FOOD AND RETAIL EMPLOYERS
- Employers must provide employees a good-faith estimate of how many hours they should expect to work per week. This notice must be written and given no later than the date the employee receives his or her first schedule
- Employers must provide employees the expected dates, times, and locations of those hours
- Employers must provide employees with written notice of a work schedule containing regular shifts. This notice must be given 14 days in advance (schedules must span no less than 7 days and must be posted in a noticeable place that is readily visible and accessible to ALL employees)
- Employers must offer current employees any available shifts before they hire new workers. An employer can only hire new employees after they have given current workers the chance to turn down available shifts
- Employers cannot have employees “on call,” which is the practice of an employer requiring an employee to be available to work and to contact the employer, or wait to be contacted by the employer, to determine whether the employee must report to work
- Employers cannot cancel or schedule shifts without at least 72 hours of notice, unless the employee voluntarily asked for the time off or traded shifts with another employee
- Workers must get at least 11 hours off in between shifts. Employers can ask an employee to clock in before the 11 hours, but they must then pay the worker $100
- Workers can request to have their salaries deducted and have that money donated to any worker advocacy group or non-profit organization of their choice
Why does my company need labor and employment law counsel?
Virtually any employee who is terminated can claim discrimination based on age, sex, race, national origin, disability, religion or veteran status. Since the enactment of the 1991 Civil Rights Act, which provided for jury trials and compensatory and punitive damages, employment discrimination litigation has skyrocketed. Also, employees are more aware of their legal options as they read in the newspapers about jury verdicts that are frequently in seven figures. We counsel our clients on avoiding such cases through proper handling of disciplinary issues and reductions in force, and the development and communication of sound corporate policies.