Non-exempt or hourly workers, covered under the Fair Labor Standards Act, must be paid at least the federal minimum wage plus time and a half for any hours worked over 40 in a workweek. Many hourly employees are requesting more legal protections through labor laws, including those surrounding predictive scheduling. Already passed in some cities, these laws outline requirements for employers that result in giving employees more predictability over their schedules. These requirements can give non-exempt workers the opportunity for a better work-life balance but can also present some stumbling blocks.

The predictive scheduling laws currently in place vary from one another, but they also have some similarities. One is that a written estimate of employees’ work schedules must be given to them when they are hired. The planned hours of work must be posted in advance, with most laws indicating seven to 14 days before the first scheduled shift. Adequate rest periods must be built into the schedule, and employers are required to give extra (predictability) pay if the posted schedule changes. If there are additional work hours available, they are to be offered to existing part-time employees before new people are hired, and employers must keep records about the schedule.

The benefits of these new labor laws are many for non-exempt workers. Schedules are received in advance to allow employees to plan personal appointments, arrange for childcare, plan monthly income, and socialize. Considering many hourly workers work shifts outside of normal business hours, on weekends and holidays, these benefits are considerable. Part-time non-exempt workers juggling more than one job also benefit from a predictive schedule which allows them to better coordinate multiple jobs.

A flexible schedule is what some are looking for in an hourly job because their availability for work may be varied. For this group of workers, getting a schedule in advance and needing to adhere to it can be challenging. Employers can find it difficult to adjust to fluctuating labor needs and are prohibited from offering additional shifts at the last minute. In the end, this may lead to a loss of available shifts, which can negatively impact the workers’ income.

As this type of law becomes more widespread, hourly workers can have a better opportunity to achieve work-life balance and, potentially, more predictable income. However, there are some difficulties that need attention to help better meet the needs of those workers and businesses needing more flexibility.