Fair Workweek is a comprehensive set of laws that governs how workers’ schedules should be set and distributed. An ever-growing number of locations in the US have been rolling out these complex laws that are extremely difficult to manage manually. These regulations have large-scale impacts that enforce some or all of the following based on your workplace location:

1. Ensure workers have a predetermined schedule well in advance of their shifts
2. Require signed and documented consent from workers for a range of schedule changes
3. Calculating a variety of pay penalties for those applicable schedule changes

With regulators in the US now handing out fines that are in the millions, it’s important to make sure your workplace is covered and Deputy’s new Fair Workweek offering is the easiest way to begin this journey.

When is this going live and how can I become compliant?

In line with the City of Los Angeles enforcement date of September 28, Deputy’s Fair Workweek offering will start to be available before then:

• September 1 - Pay premiums for New York Fast Food and Los Angeles - other cities coming soon
• October 1 - Regular schedule and employee consent for regular schedule changes
• November 1 - Trigger and gather employee consent for working schedule changes

If you’d like to get on board with the full solution as early as possible or just find out more - please get in touch with your regular Deputy point of contact or sign up for our beta program.

Sign up for Beta

The Deputy Fair Workweek Solution

The Deputy solution can be broken down into 4 easy-to-use parts that will keep your workplace compliant:

1. Auto calculation of Fair Workweek pay premiums

Designed to streamline your payroll process, Deputy will ensure you comply easily on a city-by-city basis with the following new features:

Accurate Fair Workweek Calculations: Deputy goes beyond basic calculations by factoring in complex elements such as shifts, overtime, breaks, and predictability pay. Now, you can ensure that your employees are compensated fairly in accordance with labor regulations.

Predictability Pay Integration: Keeping up with the intricate requirements of predictability pay is now effortless. Deputy identifies shifts subject to predictability pay and automatically includes them in the calculations, eliminating errors and saving you valuable time.

Clopening Consideration: Clopenings can be a challenge, but not anymore. Deputy recognizes these instances and ensures that employees receive the compensation they deserve for working consecutive closing and opening shifts, promoting fairness and employee satisfaction.

City-Specific Tailoring: Each city has its unique labor laws. Deputy offers city-specific pay rates for both New York City Fast Food and Los Angeles, adapting to local regulations seamlessly while alleviating the complexity of compliance. More cities to come, including San Francisco, New York Retail, Chicago, Philadelphia and Oregon - stay tuned!

2. Trigger and gather employee consent for schedule changes

Stress less about having to understand and remember the huge amount of schedule change scenarios that require an employee's consent alongside needing to manually document them. 

Your Deputy schedule will now be able to integrate city-specific Fair Workweek consent laws and bear the burden of helping you comply with them.

Depending on your location, we’ll have the right setting configuration for you that both triggers consent for any schedule changes where required, as well as documents them in a reportable, auditable way:

• Adding or reducing hours
• Work schedule variance with regular schedule exceeding 15% (NYC Fast Food only)
• Clopenings (i.e. back-to-back shifts across two work days)
• Other schedule changes (e.g. location, breaks)
• Timesheet attestation (starting and ending shifts that vary from scheduled hours)
• Schedule change compliance warnings to keep managers informed at every step

3. Create regular working schedules (Good Faith Estimates)

A cornerstone of the Fair Workweek laws is that employees have a mutually agreed upon, predictable schedule which remains as similar as possible each work period. Deputy’s regular schedule enables you to:

• Build a repeating schedule for each of your employees
• Request and record employee consent for any changes
• Use Deputy’s auto-schedule feature to roster your whole team in a single click. 

4. Auditable Reporting

With complex laws, rules and premiums that have to be paid to employees, it’s important to have easy visibility on how these laws have been applied to your schedule (especially if the regulators ask) and also what impacts the premiums have on your bottom line. Deputy’s Fair Workweek reporting out of the box will provide:

1. Pay premium reporting - Understand how much pay premiums from Fair Workweek mandated penalties are costing
2. Schedule change history reporting - Have easily auditable compliance to keep Fair Workweek regulators happy

I’m already compliant with Fair Workweek by using Deputy - how does this impact me?

If you are a Deputy customer who is already Fair Workweek compliant, these new features will not change your current solution and there is no action to take. Your Deputy point of contact will work with you to identify a migration path as well as a timing that suits you to ensure you always have the latest Fair Workweek compliance solution as we continually invest in this space.