Philadelphia Labor Compliance
Under Philadelphia's Fair Workweek legislation, employers in the restaurant industry must take certain measures to ensure that their employees have predictable and fair work schedules. The Fair Workweek report includes a list of all the Fair Workweek exceptions incurred.
SKIP AHEAD TO:
To Enable Labor Compliance
1. Head to Company Settings > Labor & Compliance
2. Under the 'Jurisdiction' dropdown choose 'Pennsylvania - Philadelphia' (at the bottom of the list, separate from Pennsylvania)
3. Philadelphia labor compliance settings will automatically populate. You can choose to manually adjust the settings at the bottom of the page and remember to click 'Save.'
Types of Exceptions
Last Minute Schedule Changes
Under Philadelphia Fair Workweek, when a change is made to an employee's schedule without at least 14 days advance notice the employee is owed premium pay for each shift changed.
Changes that will incur an Exception warning:
- If a manager publishes a change to an employees shift times with fewer than 14 days notice.
- Changes in dates, times, or locations of a shift.
- Exception cost depends on if the change creates increases, decreases, or no change in hour to the shift.
OR detection from time punches:
- If an employee's punch in / out time doesn’t match the latest scheduled shift within an allowable variance of 20 minutes on either side of the shift.
- An Exception is not recorded in the following cases:
- If an employee’s shift was marked late / no show / sick by the manager.
- If the employee requested the change through the Shift Pool.
Right to Rest
If an employee has a shift within nine hours of the previous day’s shift (or an overnight shift), the employee is owed premium pay of $40 for that shift.
To run the Labor Exceptions report
1. Got to Reports > Labor Exceptions
2. Select the Date Range and Location and click on 'Get Report.'
Included in the report:
- Employees that are owed the exception fee
- Date of the labor exception
- Shift length
- Exception type
- Exception fee
To avoid/reduce exceptions, you will be warned about potential exceptions as you make changes to your schedule. Each time you make a change to a shift that causes one or more exceptions, a warning modal will appear indicating the type of exception and the associated cost.
Before publishing a schedule, if there are labor exceptions that will be incurred, you will see a summary showing the number of exceptions, the total cost, and details of each exception. Once published, the exceptions will be recorded in the report.
You will also see a warning when assigning shifts through the Shift Pool that could cause an exception.
Exception Warnings within the Punch Edit Screen
If using 7punches, Exceptions will show on the left side of the punch: