Preventing Predictive Scheduling Mandates
A Government Affairs Update
Earlier this year, legislation was introduced in Michigan that would mandate employers in the hospitality and retail sectors with 100 or more employees to provide a schedule to employees 14 days in advance. As written, under House Bill 4035, employees could decline shifts and be paid time and a half if asked to work shifts different than scheduled. At the same time, employers could decide to schedule less staff and not allow employees to make changes within two weeks of the scheduled shift.
Similar legislation was introduced in Colorado and after a seven-hour committee hearing where employees voiced their opposition, future consideration has been postponed indefinitely.
While Oregon has the only statewide predictive scheduling mandate in place, similar legislation has been introduced in nearly twenty states. Some of the largest cities in the country have implemented their own versions of scheduling mandates. In Oregon and these other large cities, employees receive a schedule in advance at the cost of being scheduled for fewer or shorter shifts causing them to earn less than they did before the mandate was put into place. This creates a lose-lose situation where customer service suffers and the bottom line for the employee is negatively impacted.
Surveys have shown that servers in restaurants particularly, but other employees come to work in the hospitality industry specifically because of the flexibility of schedules and the ability to go to school, spend time with family or work another job that is not during traditional workday hours.
In Michigan, 354 employees reported the following information:
Similar legislation was introduced in Colorado and after a seven-hour committee hearing where employees voiced their opposition, future consideration has been postponed indefinitely.
While Oregon has the only statewide predictive scheduling mandate in place, similar legislation has been introduced in nearly twenty states. Some of the largest cities in the country have implemented their own versions of scheduling mandates. In Oregon and these other large cities, employees receive a schedule in advance at the cost of being scheduled for fewer or shorter shifts causing them to earn less than they did before the mandate was put into place. This creates a lose-lose situation where customer service suffers and the bottom line for the employee is negatively impacted.
Surveys have shown that servers in restaurants particularly, but other employees come to work in the hospitality industry specifically because of the flexibility of schedules and the ability to go to school, spend time with family or work another job that is not during traditional workday hours.
In Michigan, 354 employees reported the following information:
- 57% of employees listed flexible hours as the top reason they chose to work in the hospitality industry
- 50% believe that it would negatively impact them
- 61% are concerned that there will be less flexibility
- 52% worry it would impact their ability to trade shifts
- 46% picked up an extra shift or hours over the last 30 days
- 35% swapped shifts with a co-worker
Sporting Events
Often, there is little to no warning if a sporting event may draw a large crowd or a small one. In the case of March Madness for example, both Michigan and Michigan State consistently make the NCAA tournament and have both made deep runs in recent years. Because of this the owner or operator may increase staff hours during the tournament in anticipation of more customers watching their team win and go far. If they lose in the first round, however, fewer customers are likely to come in and fewer staff are needed.
Weather
Earlier this year, ice storms plagued Michigan with some customers in Southeast Michigan being left without power for over a week. Some remained in their homes, others stayed with family and friends, and some called a hotel home at the last minute. This last-minute influx of guests meant more staff were needed to check guests in, clean rooms and provide a variety of other services for guests.
Reservations / Cancellations
Scheduling mandates fail to consider when customers cancel large party reservations with little notice or when large parties call-in for last-minute reservations, which both require substantial adjustments to staffing opportunities on both the restaurant and lodging side. There are many unexpected instances where you have large parties coming in to celebrate special occasions, sports victories, school dances and other occasions without notice or reservations.
When tried in other major municipalities and one state, predictive scheduling simply doesn’t work. It creates an administrative nightmare, reduces hours, and removes the flexibility so many in the industry desire. It won’t work in Michigan and stopping it will remain a top priority.
Often, there is little to no warning if a sporting event may draw a large crowd or a small one. In the case of March Madness for example, both Michigan and Michigan State consistently make the NCAA tournament and have both made deep runs in recent years. Because of this the owner or operator may increase staff hours during the tournament in anticipation of more customers watching their team win and go far. If they lose in the first round, however, fewer customers are likely to come in and fewer staff are needed.
Weather
Earlier this year, ice storms plagued Michigan with some customers in Southeast Michigan being left without power for over a week. Some remained in their homes, others stayed with family and friends, and some called a hotel home at the last minute. This last-minute influx of guests meant more staff were needed to check guests in, clean rooms and provide a variety of other services for guests.
Reservations / Cancellations
Scheduling mandates fail to consider when customers cancel large party reservations with little notice or when large parties call-in for last-minute reservations, which both require substantial adjustments to staffing opportunities on both the restaurant and lodging side. There are many unexpected instances where you have large parties coming in to celebrate special occasions, sports victories, school dances and other occasions without notice or reservations.
When tried in other major municipalities and one state, predictive scheduling simply doesn’t work. It creates an administrative nightmare, reduces hours, and removes the flexibility so many in the industry desire. It won’t work in Michigan and stopping it will remain a top priority.
