Trends In Government Regulation Around Fair Scheduling And Compliance

ISR talks with John Whisner, EVP of Sales & Marketing at Empower Software Solutions.

What trends have you noticed with regard to government regulation in workforce management?

Whisner: In the past state and federal government workforce regulations were mainly concerned with what a company’s workforce was doing while on the clock – matters of overtime, age restrictions, workers’ compensation, and hiring and firing practices. However, a recent trend has seen legal focus shifting in regards to employee welfare.

Instances of government involvement with quality of life considerations in the workplace are becoming more prevalent in states across the country, with some notable examples including California’s legal requirements for meal and rest breaks. Compliance with this legislation is dependent upon an organization providing appropriate time off for individual employees based on the number of consecutive hours they work during a shift. Specifically, everyone is entitled to a 30-minute break during every five-hour work block, and a 10-minute rest period during every four hours. The fine for a California business that doesn’t abide? An additional hour of pay at the associate’s regular rate for each instance.

Similarly in New York, a law covering “spread of hours” states that an extra hour of pay at the minimum wage rate must be given to certain non-exempt employees when their shift exceeds 10 hours. The catch is that the “spread” not only includes their time spent performing work duties, but also adds in any off-duty time, such as meal breaks. This means that a company is still at risk of violation with employees who are scheduled to work 10 hours or less, and may have to provide that extra hour of pay for any oversight.

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