Secure Scheduling Ordinance: 10 hours between shifts, good faith estimates

Secure Scheduling Ordinance: 10 hours between shifts, good faith estimates

On Sept. 19, 2016, the Seattle City Council unanimously passed the Secure Scheduling Ordinance into law. We’re rolling out bite-sized pieces in the coming weeks to get you up to speed. Or, if you have some time and want to dig in, read our in-depth analysis here.

For today: 10 hours between shifts and good faith estimates of work hours

10 Hours Between Work Shifts

There must be 10 hours between scheduled shifts. However, this does not apply to split shifts. Employees may volunteer to work schedules with less than 10 hours between, but must be paid time and a half for any hours worked within 10 hours.

Employees Must be Provided a Good Faith Estimate of the Work Schedule

For new employees, the employer must provide the employee with a written good faith estimate of the employee’s work schedule, which is the median number of hours the employee can expect to work each week, and whether the employee can expect to work on-call shifts.

For existing employees, the employer must revise the good faith estimate annually and when there is a significant change to the employee’s work schedule because of changes in the employee’s availability or to the employer’s business needs.

The good faith estimate does not constitute a contractual offer and the employer shall not be bound by the estimate. However, the employer must initiate an “interactive process” with the employee to discuss any significant change from the good faith estimate, and if applicable state a bona fide business reason for the change.

Interactive process is defined as a timely, good faith process that includes a discussion between the employer and the employee for the purpose of arriving at a mutually beneficial arrangement for a work schedule that meets the needs of the employee and the employer. The discussion may include the proposal of alternatives by the employee and the employer.

The employer shall include the good faith estimate, in English and the employee’s primary language, with the written notice of employment information.

Up Next:  Details about how employees can provide input on their schedules are coming tomorrow.

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