Small business owners throughout the state overwhelming oppose “predictive scheduling,” a proposed law requiring employers to provide hourly workers with their schedules at least two weeks in advance and face a hefty fine if they change someone’s schedule at the last minute.
That’s according to the results of the NFIB Texas Member Ballot, which also shows strong opposition to using the “ABC test” to determine a worker’s employment status and support for legislation punishing employers for knowingly hiring undocumented workers.
“Unlike other business groups, our positions on the issues are determined by our members, not by a board of directors,” said Annie Spilman, NFIB’s state director for Texas. “The annual Member Ballot is essential to that process.”
This year’s ballot showed that 91.4% of respondents oppose predictive scheduling legislation.
“There’s a lot of pressure being put on local officials right now to pass ‘predictive scheduling’ ordinances at the local level,” Spilman said.
“The problem, of course, is that employers can’t always anticipate their staffing needs a week or two in advance, especially in industries like hospitality and construction that staff as events are planned and projects are picked up,” Spilman said.
“Our members care about their employees and want to treat them fairly, but sometimes things happen at the last minute,” Spilman said. “People quit or call in sick, or something else can happen that leaves a business shorthanded, and employers have no choice but to ask people to come in and work.”
“Predictive scheduling laws would punish employers for ordinary hiccups that occur in the course of running a business,” she said.
65.2% of respondents believe the state should impose penalties on employers who knowingly hire undocumented workers.
62.8% say employers should not use the “ABC test” to determine if workers should be classified as independent contractors. The term comes from a California case stating that a worker must be considered an employee unless the business can prove the worker is (A) free from control, (B) providing services unrelated to the hiring entity’s business, and (C) engaged in an independently established trade, occupation or business.