Overview: Shiftwork allows employers to provide needed services on a round-the-clock basis to consumers. Some industries, e.g., hospitals and law enforcement agencies, have traditionally scheduled shiftwork for their employees. However, with the rise of the global marketplace, many organizations have found shiftwork indispensable in providing service to European or Asian clients.
Supervisors may choose to negotiate special arrangements with certain employees regarding their shift schedules. Providing employees with flexibility in the scheduling of their work may aid in an organization's retention efforts. However, employers must ensure that less desirable shifts, such as irregular or night shifts, are assigned in a fair and nondiscriminatory manner.
Trends: A growing number of states and municipalities are considering protections for shift workers that would ensure "predictive" or "secure" schedules. Employers in certain industries, such as hospitality, food service or retail, may be subject to requirements that ensure a "predictable work arrangement," or face a penalty for noncompliance.
Author: Marta Moakley, JD, Legal Editor
Chicago employers that are covered by the City's Fair Workweek Ordinance should consider including this statement in their handbook to educate employees about special rights and protections available under the ordinance.
As mandated by the City of Chicago Department of Business Affairs and Consumer Protection (BACP), Chicago employers covered by the city's Fair Workweek Ordinance must display the Chicago, Illinois, Fair Workweek Poster.
Philadelphia employers that are retail, hospitality or food services establishments and employ 250 or more employees and have 30 or more locations worldwide should consider including this statement in their handbook to educate employees about special rights and protections available under Philadelphia's scheduling law.
Updated to reflect the Philadelphia Fair Workweek Ordinance, effective April 1, 2020.
As mandated by the City of Philadelphia, Office of Benefits and Wage Compliance, covered employers must post the Philadelphia, Pennsylvania, Fair Workweek Poster.
As mandated by the Oregon Bureau of Labor and Industries, covered employers must post the Oregon Employee Work Schedules Law Poster.