NFIB/Kansas Supports of 'Predictive Scheduling' Ban

Date: February 11, 2016 Last Edit: February 17, 2016

Dan Murray, Kansas state director of the National Federation of Independent Business, will testify today in support of House Bill 2576, a measure that would prevent cities from passing ordinances requiring local businesses to give employees as much as several weeks’ notice before changing their work schedules.
 
In his written testimony to the House Commerce, Labor & Economic Development Committee, Murray said:
 
“These policies, which over 90 percent of NFIB/Kansas members polled oppose, are plain bad, and we need to ensure they don’t infect Kansas communities. 
 
“Small business owners cannot anticipate their needs days in advance, especially those in industries like restaurants and construction that staff as projects are picked up and events are planned. Small employers already provide their employees with mutually beneficial scheduling arrangements that allow for consistency and reliability for both the worker and owner. Small business owners care about their staff. Passage of HB2576 confirms the Kansas legislature does not assume that employees are somehow being oppressed by business owners and shows that Topeka is clearing the way for our employers to create jobs, not mandate that they pay more for jobs.”
 
So far, there have been efforts, some successful to pass predictive scheduling measures in states such as California, Illinois, Minnesota, New York and Oregon, he said. The measures typically require businesses to give employees two- or three-weeks’ notice before changing their work schedules in addition to “predictability pay” as compensation for any changes made within the scheduling window.
 

Here is a full transcript of his testimony:

 
On behalf of the National Federation of Independent Business (NFIB), thank you for the opportunity to submit testimony on HB2576. The NFIB is the state’s leading small business advocacy organization representing the consensus views of over 4,200 small business owners across Kansas. 
 
I am pleased to appear in strong support of HB2576. The bill provides that a local governmental unit may not establish, mandate, or otherwise require an employer to provide to an employee who is employed within the jurisdiction of the unit a scheduling policy that exceeds the requirements of federal or state law, rules, or regulations. First and foremost, HB2576 affirms that small employers’ and their employees’—not the government—should be free to negotiate the benefits package and compensation that best meets their mutual needs. Further, the bill injects a measure of certainty for Kansas small businesses and ensures there is not a hodgepodge of devastating employer mandates adopted in cities across Kansas. 
 
Nationwide, there have been efforts, some successful, to pass measures requiring “predictive scheduling” or “fair scheduling” in numerous cities and states, including: California, Connecticut, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New York and Oregon. Most of these bills require 14 to 21 days advanced written notice of an employee’s work schedule as well as “predictability pay” that acts as compensation for any scheduling changes made within the scheduled window. If an employer were to call an employee to work unexpectedly, they would be mandated to pay the employee a premium, like overtime pay, for the schedule change. 
 
These policies, which over 90 percent of NFIB/Kansas members polled oppose, are plain bad and we need to ensure they don’t infect Kansas communities. Small business owners cannot anticipate their needs days in advance, especially those in industries like restaurants and construction that staff as projects are picked up and events are planned. Small employers already provide their employees with mutually beneficial scheduling arrangements that allow for consistency and reliability for both the worker and owner. Small business owners care about their staff. Passage of HB2576 confirms the Kansas legislature does not assume that employees are somehow being oppressed by business owners and shows that Topeka is clearing the way for our employers to create jobs, not mandate that they pay more for jobs. 
 
Thank you and we urge the Committee to report HB2576 favorable for passage. 

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