Secure Scheduling Ordinance: Employees have a right to provide input on schedules

Secure Scheduling Ordinance: Employees have a right to provide input on schedules https://wahospitality.org/wp-content/uploads/2016/04/fastcasual2016a.jpg

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: how employees can provide input on their schedules

Employees Have a Right to Provide Input on Their Work Schedule

At time of hire and during employment, the employee may identify any limitations or changes in work schedule availability. The employee has the right to request not to be scheduled for work shifts during certain times or at certain locations and the right to identify preferences for the hours or locations of work.

In this section, “bona fide business reason” is defined as:

An action that would cause the employer to violate a law, statute, ordinance, code and/or governmental executive order

A significant and identifiable burden of additional costs to the employer; or

A significant and identifiable detrimental effect on the employer’s ability to meet organizational demands, including:

  • A significant inability of the employer, despite best efforts, to reorganize work among existing employees;
  • A significant detrimental effect on business performance;
  • A significant inability to meet customer needs or demands; or
  • A significant insufficiency of work during the periods the employee proposes to work.

 

In this section, “major life event” is defined as a major event related to the employee’s access to the workplace because of changes in the employee’s transportation or housing; the employee’s own serious health condition; the employee’s responsibilities as a caregiver; the employee’s enrollment in a career-related educational or training program; or the employee’s other job or jobs.

The employer must consider and respond to employee requests in the following manner:

  • If the employee’s request is not because of a major life event, the employer will engage in an interactive process with the employee to discuss the request. The employer may grant or deny the request for any reason that is not unlawful.
  • If the employee’s request is because of a major life event, the employer must engage in an interactive process with the employee to discuss the request, and may require verifying information from the employee with adequate notice and reasonable time to respond. The employer must grant the request unless the employer has a bona fide business reason for denial and must provide a written response. In the event of a denial, the employer’s written response must provide an explanation of the complete or partial denial of the request, and the bona fide business reason for the decision.

Up Next:  Details about advanced notice of schedules are coming next week.