Does the Oregon Fair Workweek Act Apply in North Plains?
From the 14-day notice rule to predictability pay: Navigating Oregon’s statewide labor standards
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In the United States, labor laws often vary significantly between states and even specific municipalities. For residents and business owners in North Plains, Oregon, the answer to whether predictive scheduling laws are in effect is a resounding yes.
Because Oregon was the first state in the nation to enact a statewide predictive scheduling law (often referred to as the "Fair Workweek Act"), these protections apply to covered employees in North Plains just as they do in Portland or Salem. However, these laws are not universal; they target specific industries and larger employers.
Who is Covered?
The Oregon Predictive Scheduling Law (Senate Bill 828) specifically targets the retail, hospitality, and food service sectors. For an employee in North Plains to be protected under this act, their employer must meet the following criteria:
Industry: The business must be classified as retail, hospitality (including hotels and motels), or food service.
Size: The employer must employ 500 or more employees worldwide. This includes large chains, integrated enterprises, and franchises that share centralized management.
Employee Status: The law applies to non-exempt (typically hourly) employees. It generally does not cover salaried managers or administrative professionals.
Key Protections for Workers
For those working at qualifying businesses in North Plains, the law provides several critical safeguards designed to provide stability:
Advance Notice: Employers must provide a written work schedule at least 14 calendar days before the first day of that schedule. This schedule must be posted in a conspicuous location.
Predictability Pay: If an employer changes a shift after the 14-day deadline, they must compensate the employee. Typically, this involves one extra hour of pay for added shifts or changed times, and half-pay for any hours lost due to cancellations or shortened shifts.
Right to Rest: Employees are entitled to at least 10 hours of rest between shifts. If an employee agrees to work a "clopening" (closing one night and opening the next morning with less than 10 hours in between), the employer must pay them 1.5 times their regular rate for those hours.
Good Faith Estimates: At the time of hire, employers must provide a written "good faith estimate" of the median number of hours the employee can expect to work each month.
Local vs. State Regulation
While some cities like Seattle or Chicago have their own unique local ordinances, Oregon’s law is statewide. This means North Plains follows the Oregon Bureau of Labor and Industries (BOLI) standards. It is important to note that the law protects employees from retaliation; an employer cannot fire or discipline a worker for requesting a specific schedule or for declining a shift change made with less than 14 days' notice.
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
