Top Posts


Predictive Scheduling: A Primer for Retail and Hospitality Employers

November 25, 2015

Diane M. Saunders Diane M. Saunders
One of the most closely watched issues today among retail and hospitality employers is “predictive scheduling,” or as opponents call it, “restrictive scheduling.” Predictive scheduling has become the new cause célèbre among labor activists around the country who are pushing legislation at the federal, state, and local levels to restrict the ability of retailers and hospitality employers to use “on call” scheduling (i.e., requiring employees to call or text to learn on short notice whether they are needed for work). Predictive scheduling activists argue that on-call scheduling practices unreasonably interfere with the lives of workers who plan to work and then find out at the last minute that they are not needed. Retail and hospitality employers and industry groups argue that predictive scheduling measures would add unnecessary burdens on their businesses, remove their ability to be flexible in running their businesses, increase costs by requiring them to pay employees for cancelled shifts, and unreasonably interfere in their relationships with their employees—many of whom went into retail for the scheduling flexibility.

Most Viewed Posts

Supreme Court Forges New “Significant Burden” Interpretation of the Pregnancy Discrimination Act

3/25/2015 12:00:00 AM

On March 25, 2015, the Supreme Court of the United States settled a controversy surrounding an employer’s policy that provided light-duty work for certain employees (including some disabled employees) but not for pregnant workers. The case was brought by a worker who tried to show—through indirect evidence—that the policy resulted in the disparate treatment of pregnant workers.