'Flexible scheduling' shaping up as next big legislative work-place fight

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Some legislators worry that workers clustered in the retail and hospitality industries are being hurt by business practices of rescheduling shifts with little notice. A bill to address so-called 'flexible scheduling' is likely to be a flashpoint during the 2017 legislative session. (Dana Tims/Staff)

(Dana Tims/Staff)

After passing paid sick leave in 2015 and raising Oregon's minimum wage this spring, top Democrats on Thursday signaled next year's likely flashpoint on worker rights: a mandate requiring some employers to give employees early notice of scheduling changes.

"It's going to be a big deal," said Sen. Michael Dembrow, D-Portland. "But we really think that the time to tackle this is now."

Dembrow's Senate Interim Committee on Workforce and General Government took up what he called "flexible scheduling" on the second day of Capitol hearings meant to shape next year's legislative agenda.

He said he plans to introduce placeholder legislation Monday that would his proposal eligible for consideration during the 2017 session.

Precise details, such as which companies any changes would cover and how big those employers might be, remain unclear.

The proposal, however, would likely mirror laws enacted in cities such as Seattle and San Francisco. Both require companies with 500 or more employees to provide two weeks notice of any scheduling changes. Seattle also requires compensation for the adjustments.

But it's already clear the effort will be anything but easy. Every business interest that had agreed to participate in a work group on the idea earlier this year walked away at the first meeting.

"We respectfully withdraw from this interim work group," their June 1 letter stated. It was signed by Oregon Farm Bureau, Oregon Trucking Association, Associated Oregon Industries, Northwest Grocery Association and the Portland Business Alliance.

Since then, the opposition does not appear to have softened any.

"We haven't seen a specific proposal, but we think that in the long term, some of these rules actually have a negative impact on employees," said Sandra McDonough, president and CEO of the Portland Business Alliance. "The reality is that when employees get sick, they should stay home. And when they do, an employer needs the flexibility to call on another employee to take their place."

Dembrow disagreed, saying that workers in low-wage jobs have been particularly hard hit by the practices of some companies to change work schedules almost without notice.

"Employees who are already scrambling to find childcare and who are working multiple part time jobs might find they have a new assignment just a day or two before they are supposed to show up," he said. "Unfortunately, it's something we are seeing a lot of, especially in the retail and hospitality industries."

He noted that the 2015 Legislature placed a moratorium on the ability of municipalities to impose their own flexible-scheduling ordinances. That moratorium, intended to give the state the first crack at addressing the situation before individual cities tackled it, lasts only until the end of next year.

"There's much discussion to be had on exactly what form this legislation will take," Dembrow said. "But it's definitely going to move ahead."

-- Dana Tims

503-294-7647; @DanaTims

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