Mastering Modern Award Compliance in Shift-Based Workplaces

Ensuring compliance with modern award regulations can feel like a daunting task for employers across Australia. The many award classifications, changing requirements, and extensive information can easily make a compliance audit feel overwhelming. 

Despite these challenges, conducting regular audits is required for any business. Recent cases like Woolworth’s $1.2 million fine for underpayment highlight the significant consequences of letting discrepancies go unaddressed, especially for shift-based industries. The stakes are more than financial: non-compliance also damages employee trust and company reputation. 

Don’t let these pitfalls discourage you. This guide walks you through the process of modern award compliance audits to help your business remain on the right side of Australia’s extensive employment laws. 

Understand your modern award obligations

Modern awards outline the terms and conditions of employment for different industries and occupations in Australia. They exist to regulate the impact of employment on workers’ lives in the following ways: 

  • Basic pay rates ensure employees are paid at least the minimum wage rates specified by their modern award. 
  • Penalty rates apply when an employee works outside of regular business hours, including after-hours shifts, weekends, and public holidays. 
  • Overtime rates apply when an employee works beyond the normal or rostered hours of work defined in their modern award. 
  • Allowances compensate employees for specific conditions or for work performed outside of their regular responsibilities.
  • Break arrangements specify the frequency, duration, and timing of meal and rest breaks, including some longer breaks for certain shift schedules. 

Modern awards are not static documents. They evolve to reflect changes in workplace practices, the state of the economy, and social shifts. The Fair Work Commission (FWC) regularly reviews and updates modern awards so they’re fair and relevant.

To keep up with these frequent changes, be proactive and regularly audit your business’s compliance to modern award obligations.

How often to conduct a modern award compliance audit

The Fair Work Ombudsman actively monitors compliance through random inspections and specific campaigns. Therefore, maintaining compliance with modern award pay rates and conditions requires a company’s regular attention. 

Here are some best practices for establishing a consistent audit schedule to protect your business and employees from the risks of non-compliance: 

  • Emphasise fair employment practices in your business. 
  • Keep detailed records of hours, pay rates, and allowances. 
  • Stay up to date with changes by subscribing to FWC updates
  • Train staff on modern award obligations. 
  • Consider third-party help when conducting audits. 

Key timeframes that align with regulatory updates and inspections dictate how often you should conduct audits. 

Annual audits

At minimum, businesses need to perform a thorough modern award compliance audit once per year. This frequency is not arbitrary; rather, it’s tied directly to Australia’s legal framework. The FWC assesses modern award pay rates every year, which can result in changes across all modern awards.  

The four-year review cycle

Every four years, the FWC undertakes a complete review and update of all modern awards. The FWC has conducted or will conduct modern awards reviews in 2020, 2024, 2028, and so on.

Given this four-year cycle, a more in-depth audit is usually recommended on the same schedule. Businesses should pay close attention to any major changes that may affect them. 

More frequent reviews

Even though annual audits are the minimum and four-year reviews are vital, conducting more frequent reviews is valuable. 

Quarterly and bi-annual compliance checks help catch discrepancies early, which can reduce the risk of prolonged non-compliance and the associated consequences. 

Your internal modern award review

Modern award compliance isn’t just about meeting legal requirements. It’s about fostering a fair and equitable environment for your workers. Consistent audits insulate your business from penalties but also represent a commitment to your employees’ rights and well-being. 

By staying proactive with compliance to your modern award obligations, you uphold important ethical standards and promote a positive workplace culture for everyone. 

Keep in mind that issues of non-compliance can occur for many reasons: 

  • Human error in data entry or payroll processing.
  • Misunderstanding award or agreement obligations.
  • Failing to update rates following annual wage increases.
  • A mismatch between employee contracts and modern awards.
  • Misusing annualised salaries without proper safeguards.

Non-compliance is rarely intentional. Still, deliberate compliance is a vital part of running an ethical business. 

What to look for in a modern award compliance audit

A comprehensive modern award compliance audit requires reviewing several key areas.

1. Legal updates

Review changes to modern awards since your last audit. This may include updates to modern award pay rates, levels, or classifications issued by the Fair Work Commission.

2. Modern award categories

Assess your obligations as they apply to each aspect of modern awards. This could mean: 

  • Ensuring base pay rates meet or exceed the minimum standards.
  • Verifying that the correct rates are applied for work outside regular business hours.
  • Confirming the right calculations and payment for overtime work.
  • Checking adherence to mandated break schedules.
  • Applying any relevant loadings if your employees are eligible.

3. Employee classifications

Examine each employee’s responsibilities and qualifications to make sure they match the appropriate classification within their modern award. Employees should receive compensation that corresponds to their correct classification. 

4. Payroll practices

Using your payroll records, confirm your employees currently receive their accurate award rates and entitlements. This includes checking for correct calculations of superannuation contributions. 

5. Record keeping

Make sure all required employment records are up-to-date, easily accessible, and organised. These records must include hours, pay rates, entitlements, and superannuation contributions. 

How to conduct a modern award compliance audit

These basic steps help you tick all the boxes in a modern award compliance audit and adhere to the standards that protect you and your workforce. 

1. Gather official resources

  • Obtain the latest versions of modern awards from the FWC.
  • Consider whether multiple awards apply to your workforce because of varying roles.
  • Access recent FWC decisions that could impact your compliance.

2. Collect internal documentation

  • Gather payroll records, employment agreements, and leave records.
  • Compile records of company policies, employee handbooks, and training data.
  • Make sure all collected documents thoroughly reflect your employment practices.

3. Compare official laws with your internal records

  • Cross-reference pay rates with the minimum wages stipulated in relevant awards.
  • Ensure compliance with hours of work laws, like breaks, shift lengths, and rostering.
  • Verify correct payment of any overtime and penalty rates.
  • Check that the right allowances, loadings, and entitlements are provided to your employees.
  • Confirm compliance with any leave entitlements according to awards or agreements.

4. Address areas of non-compliance

  • Identify any discrepancies or areas of concern.
  • Develop a plan to rectify issues, which may include back payments.
  • Implement structures to bring your practices in line with award requirements.

5. Develop your prevention plan

  • Identify whether you need more frequent audits. 
  • Evaluate current staff training to reduce non-compliance risks. 
  • Change your policies where necessary. 
  • Consider tools like Deputy that simplify award compliance and record keeping.

6. Document your audit findings and report

  • Craft a comprehensive report of your findings, remediation action, and prevention plans. 
  • Share your results with stakeholders and leadership teams. 
  • Create a timeline for follow-up audits and compliance checks. 

What to do if you identify non-compliance to modern awards

The best thing to do is be proactive to prevent underpayments or non-compliance, but if you do identify an issue, it’s important to: 

  • Develop a sustainable remediation plan that addresses discrepancies swiftly.
  • Consider your communication strategy, both internal and external. 
  • Evaluate whether to self-report to the Fair Work Ombudsman. 

Keep in mind that using award compliance software can assist you at any stage. It may simply be that you need to audit more frequently, offer clearer guidance on break timing, or revise your rules about who is eligible for overtime. 

No matter the reason for non-compliance, addressing the issue promptly may be viewed favourably if penalties are later considered. 

Essential resources for a modern award compliance audit

Keeping pace with modern awards can be tricky. These resources can be valuable in staying informed about Australia’s employment standards. 

Modern award fact sheet and the National Employment Standards

On this page, you’ll find details on what modern awards entail, who they cover within the national workplace relations system, and when they apply. This resource can help you navigate and comply with employment laws. 

FWC awards page for locating occupation-specific documents

This resource offers essential information on who awards cover to help you identify which award applies to which industry or job type. Utilise the “Find my award” tool to easily determine relevant awards. 

Comprehensive tool for accessing Australia’s range of awards

A document search feature can help you easily search and view specific awards. Here, you can download a comprehensive spreadsheet or browse an A-Z list of current modern awards. 

Deputy’s pay rate library for calculating compliance rates

This guide to our pay rate library demonstrates how Deputy simplifies pay rate calculations for better accuracy and streamlined compliance with modern award requirements. 

When in doubt, don’t hesitate to seek professional tools and assistance to ensure you’re meeting your obligations as an employer.

Manage modern award compliance with Deputy

Modern award compliance audits are necessary for running a business in Australia. Navigating the complexities of the process and the requirements involved can be challenging, but you’re not alone in the process. 

At Deputy, we offer software that simplifies award compliance, from wage calculations and record keeping to meal and rest breaks. Choose the hassle-free way to schedule shifts, calculate pay, and preserve employee well-being while monitoring compliance with laws and regulations. 

Discover how to streamline modern award compliance during every shift with Deputy’s Award Interpretation software or book a demo with one of our experts today to see it in action.

 

Modern Awards List: Quick Reference Guide for Shift Work Industries

There’s so much to keep track of when it comes to modern awards, which can feel overwhelming — especially if you have employees across multiple awards.

Luckily, this handy reference sheet simplifies compliance. Our modern awards list compiles the modern awards most likely to apply in specific industries where shift work is common. You can also search for specific awards that suit your business by answering a few questions on the official website.

Below, we break down industry awards for:

  • Hospitality/restaurants
  • Manufacturing/logistics
  • Retail
  • Healthcare
  • Cleaning
  • Security

Hospitality in hotels and restaurants

If you operate a hotel or restaurant, here are the awards you need to know about. 

Job Role Applicable Modern Award
Alpine resort worker Alpine Resorts Award 2020
Barista Fast Food Industry Award 2020
Chef  Hospitality Industry (General) Award 2020 or Restaurant Industry Award 2020 (If not connected to a hotel)
Dishwashers Hospitality Industry (General) Award 2020 or Restaurant Industry Award 2020 (If not connected to a hotel)
Doorperson Hospitality Industry (General) Award 2020
Fast food workers Fast Food Industry Award 2020
Food takeaway workers Fast Food Industry Award 2020
Front Desk Hospitality Industry (General) Award 2020
Hostess Hospitality Industry (General) Award 2020 or Restaurant Industry Award 2020 (If not connected to a hotel)
Hotel managers Hospitality Industry (General) Award 2020
Housekeeping Hospitality Industry (General) Award 2020
Kitchen hands Hospitality Industry (General) Award 2020
Landscaping Hospitality Industry (General) Award 2020
Maintenance  Hospitality Industry (General) Award 2020
Security Hospitality Industry (General) Award 2020
Valet Hospitality Industry (General) Award 2020
Waitstaff Hospitality Industry (General) Award 2020 or Restaurant Industry Award 2020 (If not connected to a hotel)

Manufacturing and logistics

Here are the awards that relate to manufacturing or logistics.

Job Role Applicable Modern Award
Assembler Manufacturing and Associated Industries and Occupations Award 2020
Black coal miner Black Coal Mining Industry Award 2020
Boiler attendant Manufacturing and Associated Industries and Occupations Award 2020
Bottle merchant Manufacturing and Associated Industries and Occupations Award 2020
Coal transporter  Coal Export Terminals Award 2020
Draughtsperson Manufacturing and Associated Industries and Occupations Award 2020
Electric motor attendant Manufacturing and Associated Industries and Occupations Award 2020
Engine driver Manufacturing and Associated Industries and Occupations Award 2020
Engineer Manufacturing and Associated Industries and Occupations Award 2020
Engineering stream maintenance workers Manufacturing and Associated Industries and Occupations Award 2020
Long distance transporter Road Transport (Long Distance Operations) Award 2020
Metal worker Manufacturing and Associated Industries and Occupations Award 2020
Painter Manufacturing and Associated Industries and Occupations Award 2020
Private transporter Road Transport (Long Distance Operations) Award 2020
Processor Manufacturing and Associated Industries and Occupations Award 2020
Production planner Manufacturing and Associated Industries and Occupations Award 2020
Technical worker Manufacturing and Associated Industries and Occupations Award 2020
Tracer Manufacturing and Associated Industries and Occupations Award 2020
Trainee engineer Manufacturing and Associated Industries and Occupations Award 2020
Trainee scientist Manufacturing and Associated Industries and Occupations Award 2020
Transporter (of various goods) Road Transport and Distribution Award 2020
Water transporter  Water Industry Award 2020
Woodworker Timber Industry Award 2020

 

If you manufacture a specific material and wonder which awards match your staff, look below: 

 

If you manufacture and transport… Consider this Modern Award
Aluminium  Aluminium Industry Award 2020
Asphalt Asphalt Industry Award 2020
Beverages Food, Beverage and Tobacco Manufacturing Award 2020
Cement Cement, Lime and Quarrying Award 2020
Concrete Concrete Products Award 2020
Food Food, Beverage and Tobacco Manufacturing Award 2020
Lime Cement, Lime and Quarrying Award 2020
Meat Meat Industry Award 2020
Mining material  Mining Industry Award 2020
Oil/Petroleum products Oil Refining and Manufacturing Award 2020
Paper Timber Industry Award 2020
Pharmaceuticals  Pharmaceutical Industry Award 2020
Poultry  Poultry Processing Award 2020
Salt Salt Industry Award 2020
Seafood Seafood Processing Award 2020
Sugar  Sugar Industry Award 2020
Tobacco Food, Beverage and Tobacco Manufacturing Award 2020
Textiles Textile, Clothing, Footwear and Associated Industries Award 2020
Timber Timber Industry Award 2020
Wine  Wine Industry Award 2020
Wools Wool Industry Award 2020

Retail

Here are the most common awards related to retail

Job Role Applicable Modern Award
Advertising sale rep Commercial Sales Award 2020
Assistant manager General Retail Industry Award 2020
Butcher Meat Industry Award 2020
Cashier General Retail Industry Award 2020
Commercial traveller Commercial Sales Award 2020
Customer service representative  General Retail Industry Award 2020
Fish wholesaler  Seafood Processing Award 2020
Department manager General Retail Industry Award 2020
Meat wholesaler Meat Industry Award 2020
Merchandiser  Commercial Sales Award 2020
Nursery Worker Nursery Award 2020
Poultry wholesale Poultry Processing Award 2020
Salesperson General Retail Industry Award 2020
Security General Retail Industry Award 2020
Stockroom manager General Retail Industry Award 2020
Stockroom worker General Retail Industry Award 2020
Store manager General Retail Industry Award 2020
Vehicle seller Vehicle Repair, Services and Retail Award 2020
Vehicle fuel seller Vehicle Repair, Services and Retail Award 2020
Vehicle parts seller Vehicle Repair, Services and Retail Award 2020
Visual merchandiser  General Retail Industry Award 2020
Warehouse manager General Retail Industry Award 2020
Warehouse worker General Retail Industry Award 2020

Healthcare

Here are the awards that relate to the wide field of healthcare.

Job Role Applicable Modern Award
Aged care worker Aged Care Award 2010
Ambulance driver Ambulance and Patient Transport Industry Award 2020
Cardiologist Medical Practitioners Award 2020
Chiropractor Health Professionals and Support Services Award 2020
Cleaning staff Cleaning Services Award 2020
Dentist Health Professionals and Support Services Award 2020
Dental Assistant Health Professionals and Support Services Award 2020
Deputy director of medical services Medical Practitioners Award 2020
Dermatologist Medical Practitioners Award 2020
Director of medical services Medical Practitioners Award 2020
Dispensary assistant Pharmacy Industry Award 2020
Emergency physician Medical Practitioners Award 2020
EMT Ambulance and Patient Transport Industry Award 2020
Endocrinologist Medical Practitioners Award 2020
Front desk workers Health Professionals and Support Services Award 2020
Home care worker Social, Community, Home Care and Disability Services Industry Award 2010
Hospice worker Medical Practitioners Award 2020
Gastroenterologist Medical Practitioners Award 2020
Geriatrician Medical Practitioners Award 2020
Gynaecologist Medical Practitioners Award 2020
Midwife Nurses Award 2020
Neurologist Medical Practitioners Award 2020
Nurse Nurses Award 2020
Paramedic Ambulance and Patient Transport Industry Award 2020
Obstetrician Medical Practitioners Award 2020
Occupational Therapist Health Professionals and Support Services Award 2020
Oncologist Medical Practitioners Award 2020
Optometrist Medical Practitioners Award 2020
Pediatrician Medical Practitioners Award 2020
Pharmacist Pharmacy Industry Award 2020
Pharmacy technician Pharmacy Industry Award 2020
Phlebotomist Health Professionals and Support Services Award 2020
Psychiatrist Medical Practitioners Award 2020
Psychologist Health Professionals and Support Services Award 2020
Physician Health Professionals and Support Services Award 2020 or Medical Practitioners Award 2020 (depending if the practice is private or not)
Physician assistant Health Professionals and Support Services Award 2020 or Medical Practitioners Award 2020 (depending if the practice is private or not)
Radiologist Medical Practitioners Award 2020
Registrars Medical Practitioners Award 2020
Resident Medical Practitioners Award 2020
Surgeon Medical Practitioners Award 2020
Surgeon assistant Medical Practitioners Award 2020
Urologist Medical Practitioners Award 2020

Cleaning

Here are the awards for various cleaning roles

Job Role Applicable Modern Award
Clothing repairers Dry Cleaning and Laundry Industry Award 2020
Dry cleaners Dry Cleaning and Laundry Industry Award 2020
Event cleaners Cleaning Services Award 2020
Rubbish collectors Cleaning Services Award 2020
Gutter cleaners Cleaning Services Award 2020
House cleaners Cleaning Services Award 2020
Ironers Dry Cleaning and Laundry Industry Award 2020
Laundromat employees Dry Cleaning and Laundry Industry Award 2020
Office cleaners Cleaning Services Award 2020
Pressers Dry Cleaning and Laundry Industry Award 2020
Property cleaners Cleaning Services Award 2020
Shopping centre cleaners Cleaning Services Award 2020
Tailors Dry Cleaning and Laundry Industry Award 2020
Trolley collectors Cleaning Services Award 2020

Security

Here are the awards that apply to security.

Job Role Applicable Modern Award
Administrative assistants Clerks — Private Sector Award 2020
Clerical employees Clerks — Private Sector Award 2020
Crowd controllers Security Services Industry Award 2020
Loss prevention officers Security Services Industry Award 2020
Receptionists Clerks — Private Sector Award 2020
Security guards Security Services Industry Award 2020

Make compliance less of a juggling act

Running a shift-based business means spinning a lot of plates (compliance, timesheets, rosters), and it’s easy to miss things here and there. One plate crashing to the ground can disrupt all your operations. 

What if you could get an extra pair of hands to help with the plate spinning? That’s Deputy. Our software allows you to handle rostering, modern award compliance, and even hiring and onboarding within one platform. We also update every time a new law goes into effect, so you don’t have to worry about adjusting things. 

Book a demo today. You can also visit our Modern Award Compliance Page to learn more about monitoring award compliance in Deputy. 

Meal and Rest Break Rules for Hourly Employees Around the World

Plus Additional Laws about Overtime, Leave, and Time Off

Most people are familiar with the song “Heigh-Ho” from Snow White and the Seven Dwarfs. It’s generally remembered as, “Heigh-ho, it’s off to work I go,” but that’s not quite right. The original lyrics are “It’s home from work we go.”

This brings us to our point—all workers require breaks from work. Last year, there were an estimated 3.5 billion employees worldwide, but whether they get breaks, when they get breaks, and how long those breaks last varies widely. A lot of cultural factors influence break rules for hourly employees around the world. 

So we decided to do some investigating. Keep reading to learn about:

  • Global break rules in 12 countries
  • How each country handles paid time off
  • What different types of breaks mean depending on the country

Workers break rights in 12 countries

Learn all about legal break requirements from around the world. 

US

Meal and rest breaks

Overtime

  • There are no maximum working hours for adults in America (though manymost states require at least one full day of rest each week).
  • Under federal law, non-exempt employees must be paid 1.5 times their regular pay when working over 40 hours a week. State and local laws may require additional overtime for a certain number of hours in a day, or a certain number of days in a week.

Leave and Time Off

  • No federal law requires private employers to give time off for federal holidays. 
  • No federal law requires employers to give annual vacation leave or PTO time off; the decision is left up to employers and employees.
  • There are no federal paid sick leave rules, though the Family and Medical Leave Act (FMLA) gives 12 weeks of unpaid leave if the employer is subject to the act and many states require employers to provide paid sick leave.
  • It’s illegal to work Sundays in South Carolina (with some exceptions, including retail).

UK

Meal and rest breaks

  • Employees over 18 are entitled to 3 types of breaks: rest breaks, daily rest, and weekly breaks.
    • Rest breaks are 20 minutes of uninterrupted rest if they work more than 6 hours a day.
    • Daily rest is 11 hours of rest between working days.
    • Weekly rest can be either 24 hours without work each week or 48 hours without work every two weeks.

Overtime

  • Employees cannot be required to are not to work more than an average of 48 hours per week.

Leave and Time Off

Australia

Meal and rest breaks

  • Many eEmployees are entitled to rest breaks, the length of which is generally set out in the modern award, or enterprise agreement.decided by the employer.
  • Rest breaks can also be known as tea breaks.
  • Unpaid meal breaks need to be longer than a rest break and uninterrupted to eat a meal. Some employees may be entitled to cCrib breaks (working lunches). These are paid since the employee needs to stay at work to eat and may be interrupted.

Overtime

Leave and Time Off

Philippines

Meal and rest breaks

  • Employees are entitled to an hour-long meal break.
  • Employees need at least one full day of rest after six days of working.

Overtime

South Africa

Meal and rest breaks

  • Employees must have an hour-long meal break after 5 hours of work.
  • Employees are entitled to a daily rest break of 12 consecutive hours.

Overtime

  • The standard workweek does not exceed 45 hours.
  • The standard work day is nine hours if an employee works five days or less a week.
    • If an employee works more than five days, the standard shift is eight hours.
  • Employees must agree to overtime, within the limits of a maximum 12-hour workday and 10 total overtime hours per week. 
  • Sundays are considered a rest day; if employees regularly work on Sundays, they get paid at least time and a half. If they occasionally work on Sundays, they get paid double time.

Leave and Time Off

  • Employees are entitled to 21 continuous days of annual leave.
  • Employees can take up to 6 weeks of paid sick leave during a 36-month cycle.
  • Employees are entitled to 4 continuous months of maternity leave.
  • Employees are entitled to 10 continuous days of unpaid paternity leave (also applicable to adopting a child 2 years of age or younger).

New Zealand

Meal and rest breaks

Leave and Time Off

  • Employees are entitled to at least four weeks of paid annual leave.
  • Employees get up to 11 paid public holidays; if they work on a public holiday, they must be paid time and a half or given an alternative day off. 
  • Employees are entitled to five paid sick days per year.
  • Employees are entitled to three days of bereavement for loved ones.

India 

Meal and rest breaks

  • Employees are entitled to a 30–60 minute break every 4 to 5 hours, depending on their location.

Overtime

  • The average work day depends on the region, but employees might work up to 9 hours a day and 48 hours a week.
  • Maximum hours of work varies from region to region and by type of establishment but many employees are restricted to 12 hours per day of work. 

Leave and Time Off

  • Mothers with fewer than 2 children are entitled to 26 weeks of maternity leave and 12 weeks for the adoption of a child 3 months old or younger. 
  • Employees get at least 12 days of paid sick leave per year, depending on the region.
  • Public holidays in India vary by region, but all organizations must stay closed on three national holidays unless otherwise authorized: Republic Day (January 26), Independence Day (August 15), and Gandhi Jayanti (October 2). Most employers allocate 10 days of paid holiday leave each year.

Ireland 

Meal and rest breaks

  • Employees get a 15-minute break when working more than 4.5 hours or a 30-minute break when working more than 6 hours.
  • Employees get a daily rest of 11 hours without working between shifts.
  • Workers are guaranteed at least 24 hours of continuous rest each workweek.

Leave and Time Off

  • There are 10 public holidays that full-time employees can have off each year.
  • If you have to work on a public holiday, employees are entitled to another paid day off to make up for it.
  • Employees have a right to 5 paid sick days per year, although they are paid at a reduced rate.

Japan

Meal and rest breaks

  • Employees are entitled to at least a 45-minute break after working 6 hours and get an hour-long break when working in excess of 8 hours.

Overtime

Leave and Time Off

  • Employees are entitled to one statutory day off per week or four days off a month.
  • Employees get 10 days paid leave after 6 consecutive months of working. 
  • Female employees are entitled to maternity leave six weeks before birth and eight weeks after birth.
  • Employees can take up to 93 days off for family care leave.

France 

Meal and rest breaks

Overtime

  • Employees usually work 35 hours per week and must not work more than 48 hours in any given week.
  • Employees shouldn’t work more than 10 hours a day.
  • Employees get to choose if they want to work Sundays or evenings; if so, they get paid double.
  • Employees can’t work more than six days a week.

Leave and Time Off

  • Employees are entitled to a minimum of five weeks of paid leave.
  • Anyone working on Labour Day (May 1) must be paid twice their normal rate.

Mexico 

Meal and rest breaks

  • Employees are entitled to a minimum of a 30-minute rest break during a continuous shift; if the shift is broken up, they get an hour-long break.
  • Employees should have one day off each week, though there are exceptions.
  • Nursing mothers are entitled to two extra 30-minute breaks to feed children.

Overtime

  • Overtime is limited to three hours a day for no more than three days in a row.
  • Sundays tend to be rest days. Employees get extra pay for working on Sundays. 

Leave and Time Off

  • Annual leave depends on an employee’s seniority—at least six days of paid leave are mandated for first-year workers.
  • Employees get six weeks of maternity leave both before and after birth.
  • Employees who work on statutory holidays, such as Christmas Day (December 25) or Labour Day (May 1), must be paid three times their normal rate.

Singapore

Meal and rest breaks

  • Employees are entitled to one full day of rest each week.

Overtime

Leave and Time Off

  • Newer employees are entitled to a week of paid annual leave, with a maximum of 14 days required for more senior workers.
  • Employees are entitled to 11 paid public holidays; employers must pay double or offer an alternative day off to anyone working one of these holidays.
  • Employees are entitled to paid sick leave after at least three months of work with the same employer.

Keep employee breaks organized and compliant 

Needless to say, keeping employees’ breaks organized is a difficult task. It’s too easy for one of these many break rules for hourly employees to be overlooked or misinterpreted, potentially leading to fines and frustrated employees. 

Deputy can help. Our software assists with scheduling breaks, simplifying compliance, and leave management

Learn more about our smart compliance management software today.

Meal and Rest Break Compliance Audit Guide

Navigating the complexities of labor laws can be daunting (especially when the word “audit” is involved), but a break compliance audit doesn’t have to be difficult. All it takes is the right tools, a little preparation, and some time. 

Keep reading for a checklist that can help simplify your US break law compliance audit process.

7 key steps in a meal and rest break audit checklist

US businesses need to comply with the Federal Labor Standards Act (FLSA) as well as any applicable state and local laws, which include giving employees mandated breaks for meals and other basic needs. A break compliance audit is a reliable way to determine whether your business is following these laws.

This checklist helps simplify the audit process and gives actionable guidelines to keep your business and its employees compliant with meal and rest break laws. Depending on your business, the steps to complete this checklist may vary. 

1. Make sure you know the most recent laws

Identifying and understanding the most up-to-date labor laws isn’t always straightforward because the Department of Labor (DOL) doesn’t have an audit checklist of official standards for rest and meal breaks. In fact, no federal laws mandate meal or rest breaks for US workers. Instead, the DOL lets each state decide regulations regarding breaks — presenting a challenge for businesses with locations in more than one state. 

What you can do is maintain a handy list of meal and rest break laws by state to refer to and regularly check the official websites of state labor departments for updates. The DOL also has free interactive tools for small businesses called elaws Advisors that provide customized, step-by-step guidance on DOL laws and regulations. Using this tool can help you determine the labor regulations you need to comply with. 

Staying on top of these rules will help keep you in compliance between audits — and make conducting your regular audits easier. 

2. Review your policies and compare them to current laws

Once you have all your legal information in place, compare current laws to your employment policies. These policies should include:

  • Meal and rest break schedules
  • Payroll policies (pay cycle, payday, etc.)
  • Overtime procedures

Throughout the audit, if you identify any areas of non-compliance, take steps to correct them. It’s wise to bring in an employment lawyer or HR professional to advise you. You should also look for trends in what led to non-compliance, such as poor record-keeping about when employees begin and end meal breaks or inadequate communication of rest break laws to new employees. 

3. Review timekeeping records

Now it’s time to review your timekeeping records, which are any and all records of each employee’s work — meaning every minute, hour, day, week, and month they worked. Review each employee’s record and ensure they’ve had all the breaks they are entitled to under the laws of the state where they work. 

Depending on the size of your business, this can seem like an impossible task, especially during an audit. This is why keeping your timekeeping records organized, accurate, and up to date is crucial during daily operations. 

Upon review, if something seems wrong, talk to the employee or their manager to ascertain what’s happening. The confusion could just be a result of human error and easily corrected, or it could be caused by poor management and needs to be addressed once the audit is complete. 

4. Identify gaps

Once you’ve collected and confirmed the information, identify any disparities between the schedule and what’s actually occurring. As you review the information, ask: 

  • Are all employees taking the breaks they are entitled to regularly? If they aren’t, do you know why?
  • Are there any locations that struggle with scheduling or taking breaks more than others? 
  • Do the timekeeping records accurately reflect what’s happening in that location?

You can also use this time as an opportunity to identify subtler problems that don’t directly affect break compliance, such as:

  • Are employees getting the hours they want?
  • Do you have a stable procedure in place for call-ins, or are the same employees covering and working more than they should? 

5. Address discrepancies with employees at all levels

If you find disparities between regulations and real life, you must address them as soon as possible. This may require various strategies, such as:

  • Reminding all employees of the proper clock-in and clock-out procedures
  • Stressing the importance of accurate timekeeping to employees at all levels
  • Speaking to managers about why these meal and rest break compliance gaps are occurring
  • Hiring more people for locations where breaks have been skipped due to workload
  • Teaching managers how to incorporate breaks into work schedules more effectively

6. Ensure continual monitoring is taking place

While it isn’t technically part of the audit process, continual monitoring will make everything easier. Continual monitoring means spending time reviewing policies and timekeeping records during daily operations, not just when it’s time for an audit. 

The right tool can make continuous monitoring easy by alerting you or individual managers about any potential problems with break scheduling, such as an employee missing their breaks consistently. You can also communicate with managers about how they follow scheduling procedures.

7. Schedule regular audit follow-ups

Break compliance audits need to happen regularly. Depending on your business, they may need to occur more than once a year. You should decide the frequency of internal audits to ensure constant compliance. 

You can then make things easier by scheduling audits during slower periods, allowing ample time for a thorough review without the pressure of falling behind.  

How to pick the right break compliance audit tools for your business

Compliance with the FLSA and state break laws is a serious matter. It’s vital that you use the right tools to monitor your compliance so you can catch problems as quickly as possible. But how do you know which tools are best for your business and its specific needs? 

Consider these questions as you assess a tool or system that can help you with break compliance auditing:

  • Is it reliable? Does the tool have good reviews? Does it base its information on official sources? (For example, Deputy’s pay rule library is built on official government resources.) Is the customer service team set up to provide personalized service?
  • Is it scalable? If you plan to scale your business, is the audit tool able to grow with you? It’s frustrating to learn how software works and integrate it into your processes, only to have to switch to a new one.  
  • Does it suit your industry’s unique needs? If your business runs on shift workers, that’s very different from salaried workers. You need tools that will help you schedule multiple employees while considering different skill sets and roles, minimizing overtime, and ensuring coverage in the case of last-minute call-outs. 
  • Can it handle more than one location? Doing a compliance audit can be difficult if you have multiple locations, so is the tool going to make it easier? You want a tool that lets you handle multiple locations in one system. 
  • Can it manage compliance laws for multiple states? Will it be able to adapt to each state’s compliance laws, or will you have to adjust it manually? 
  • Is there any automation? Having automated tasks can make daily operations and scheduling easier. Options like automated break reminders can save you a lot of time and help every employee stay compliant with local laws.

Compliance audits don’t have to be exhausting

While there’s a lot of information to compile and organize, break compliance audits can be streamlined with enough preparation and the right tools. 

Learn more about how Deputy can help you stay compliant during and between your break compliance audits.

FMLA Guidelines for Employers: How Do They Affect Shift Work?

The Family and Medical Leave Act (FMLA) is a federal law that protects employees who need to take extended time (up to 12 weeks) off work for specific reasons. The official guidelines are extensive and detailed, and the penalties enforced on employers who don’t comply are stiff.

Keep reading to learn all about FMLA guidelines for employers, along with:

  • The rules employees and employers need to follow
  • Which protections apply to employees
  • How to make FMLA administration and compliance easy for everyone 

Employer criteria under the FMLA

Most private and public employers must adhere to the FMLA rules. The law applies to employers with 50+ employees working 20 or more weeks in the current or previous calendar year. 

The employee count includes anyone who:

  • Works in the US or its territories
  • Is on the payroll records
  • Is on paid or unpaid leave
  • Works part-time, full-time, seasonally, or on a temporary basis

Employee eligibility for FMLA leave

Employees are eligible to take unpaid FMLA leave if they: 

  1. Work for an employer that meets the requirements outlined above
  2. Worked for the company for at least 52 weeks (does not have to be consecutive; part-time, seasonal, and temporary work counts)
  3. Worked at least 1,250 hours during the 12-month period (overtime is included)
  4. Work at a location where there are at least 50 employees within 75 miles 

Eligible reasons for taking time off under the FMLA include: 

  • Giving birth to, caring for, or adopting a child (for all parents)
  • Caring for an immediate family member with severe health issues
  • Developing a health condition that prevents them from doing their job
  • Supporting a family member on active military duty 

How the FMLA applies to shift-based jobs

The FMLA does have limitations and stipulations for employees, particularly those doing shift work. Examples include:

  • The amount of time offered: Under the FMLA, employees can take up to 12 weeks of job-protected leave. Depending on the reason, an employee may need to take more than 12 weeks off, and any additional time taken could cause issues with employment.
  • Tenure-based requirements: Many employees, especially shift workers, aren’t eligible for FMLA leave based on how long they’ve worked for the employer. Shift-based work can have high turnover rates.
  • Different rules for spouses: If spouses work for the same employer, they can be limited to a total of 12 weeks of leave, rather than being able to take 12 weeks each after the birth/adoption of a child or to care for a sick family member.
  • Who is considered immediate family: The FMLA defines immediate family as a spouse, child, or parent. By this definition, immediate family does not include in-laws or siblings, which can cause problems for employees who need to care for those family members.
  • It’s unpaid: Many shift workers may not take FMLA leave because they need to support themselves and cannot afford to take unpaid leave. This may lead them to try to swap shifts with other employees or potentially call in sick.

Employees may also worry about FMLA leave affecting a promotion, even when they qualify for it.

Case study: Trek schedules on the go

Trek, a multi-location bicycle manufacturing company, struggled with scheduling and juggling time off and labor law compliance. They turned to Deputy for help—our mobile app made rescheduling and approving time off easier since it can be done on the go. 

They saw a 30% increase in overall productivity because managers weren’t spending all day on scheduling. 

FMLA rules for employers and employees

Employers and shift workers must meet certain requirements to adhere to the regulations of the  FMLA.

Rules for employers

Here is what employers must do under the FMLA.

Hang FMLA posters

All FMLA-covered employers must post detailed information in plain view so employees can easily read it. The information on the poster must include:

  • What the FMLA is
  • How to apply for a covered leave of absence
  • How to file a complaint with the Wage and Hour Division

The text on the poster should also reflect all languages spoken by employees in the workplace. 

Employers can find an official FMLA poster on the Department of Labor website—it’s free. Failure to follow this rule will result in a civil monetary penalty for each separate offense. 

Final note: FMLA information should also be in the employee handbook. If there is no handbook, provide detailed information at the time of hiring. 

Provide eligibility and rights and responsibilities notices

All employers need to provide employees with an Eligibility Notice, whether written or oral, that informs each employee whether they’re eligible for FMLA leave. Additionally, if the employee isn’t eligible for FMLA, the notice must include a stated reason for the ineligibility. 

Employers need to provide this notice within five business days of the initial FMLA leave request. If the employee cannot speak English, this notice must be given in a language they understand. Employers don’t have to provide an Eligibility Notice if an employee leaves again within the same 12 months or leaves for a different reason and their eligibility hasn’t changed. 

The Rights and Responsibilities Notice lists the employee’s responsibilities and entitlements during their leave. It must be given to each employee who receives an Eligibility Notice, once again in a language the employee understands. If the leave has already started, an employer can mail this notice to the employee. 

Give employees a designation notice

Employers need to designate leave as FMLA and provide a Designation Notice. The notice shows the employee that the leave is listed under the FMLA and outlines any requirements the employee may have while on leave. For example, an employee might need to pay their portion of the insurance premiums while away from work, as they won’t be automatically deducted from their paychecks if the leave is unpaid.

Properly calculate FMLA leave

FMLA leave calculations must be exact because only the employee’s regular working hours count toward the requirement. In other words, an employer may have to calculate by the hour, and they cannot count any holidays the employee would already have off as part of their leave unless the employee is taking a full week off and a holiday falls within that time. 

Scenario: A seasonal food service location has employees who work only during part of the year. Those responsible for calculating FMLA leave would have to look at multiple years of employee history to determine whether an employee reached the minimum hours requirement to qualify for FMLA leave.

Maintain health insurance benefits and keep their job available

Employers must maintain an employee’s position and any applicable benefits, including health insurance, as long as they fulfill their responsibilities while on leave. If the same role is not available when an employee returns, one of equal level (such as pay, benefits, and working conditions) must be offered. Employers also must give the employee any unconditional pay increases that occurred while they were gone, such as cost-of-living raises.

If an employee is laid off while on FMLA leave, the employer needs to prove the layoff would have happened whether the employee was present or away from work. For example, if an entire department is laid off, that would have impacted the employee, regardless of leave status.

Keep proper records

It’s the employer’s responsibility to keep all records organized and confidential. All physical and electronic records must be kept for at least three years. The information in these records should include:

  • Employee’s name, address, and job title
  • Pay rate information
  • Average hours worked per pay period
  • Additions and deductions from wages
  • When FMLA leave is taken
  • Hours of FMLA leave used 
  • Copies of FMLA notices provided by both employers and employees 
  • Documents with employee benefits or employer policies and practices regarding leave
  • Premium payments for employee benefits
  • Records of any dispute between the employer and an employee regarding the designation of leave as FMLA leave

To ensure confidentiality, all records regarding an employee’s health or their family’s health should remain separate from their personal records. 

Rules for employees

Employees also have rules they need to follow to qualify for FMLA leave and while on leave. 

Give proper notice

An eligible employee must inform their employer that they need FMLA leave at least 30 days in advance unless there are extenuating circumstances. The notice can be written or oral and must provide sufficient information to indicate that the leave qualifies under the conditions of the FMLA. It should also say when the leave will start and how long the employee needs to be off.

Scenario: An employee’s family member has experienced a sudden illness and requires care. The 30-day notice requirement may be waived to accommodate this unexpected circumstance.

Complete all documents and certifications

Employees requesting FMLA leave must fill out all documents and certifications their employer requires. Examples may include a medical certification verifying the need to take leave, completed by a healthcare professional.

If an employee doesn’t complete the required documents or certifications within the 15-day turnaround time, then the employer has the right to deny the request for FMLA leave. 

Provide additional information requested

Employers may ask for additional information, and employees should provide it as long as it’s reasonable. An example could be an employer requesting more information about an employee’s relationship with a family member to ensure it complies with the FMLA regulations.

An employer is also permitted to ask for additional information about any health conditions an employee is dealing with, such as treatment timelines, but can’t ask about treatments specifically. 

Pay health insurance premiums

Employees must continue paying into their health insurance during their FMLA leave to keep it — even when they aren’t receiving a paycheck. The employer should include details about how and when to pay premiums in the FMLA documentation provided to the employee.

Case study: Mud Bay needed better processes for employee scheduling

For over three decades, Mud Bay has provided quality pet products. Originally, each Mud Bay store used an Excel spreadsheet for scheduling, a manual process that required significant time and effort. They also had a separate system to track employee time. This method wasn’t ideal, particularly when employees called out at the last minute, and business leaders were trying to manage proper compliance for each state’s location, affecting the store’s ability to operate.

This is where Deputy came in. Using our software, Mud Bay was able to manage multiple tasks in one single solution, eliminating stress, freeing up time, and allowing employees to swap shifts easily and take sick time as needed. 

Establishing rules for shift workers to request FMLA

The FMLA is an essential piece of legislation protecting employees, but it is also quite complex, particularly for employers navigating the fine print. There are steps you can take to make things less challenging for both you and your employees. 

Simplify the process of requesting leave

First and foremost, make it simple for employees to request leave. Create a process with clear steps that all employees understand and can follow. 

Establish consistent processes

Next, set up processes that automatically enter approved leave requests into the schedule, which will help to minimize conflicts or unfilled shifts. Consider how you can plan ahead for upcoming leave. For example, start the process as soon as you receive notice that an employee will be taking parental leave.

Maintain compliance 

Also, you can ensure your business is aligned with many of the FMLA’s guidelines for employers by helping employees understand the law and how it applies to them. Use all available resources and tools to ensure labor law compliance when scheduling employees’ breaks and leaves. For example, the Deputy pay rule library contains information on compliance rules and benefits you can apply to your workplace. Book a demo today.

Challenges of Healthcare Workforce Management & Labor Forecasting

Healthcare workforce management is not an easy task. To provide high-quality care, it’s essential to have that right balance of staff to patients — but it’s difficult to get that equation right with all the potential, unexpected changes that can come your way. 

Luckily, labor forecasting can help you get ahead of these problems and plan ideal staffing across your practice, but numerous factors can cause a forecast to go awry.

Let’s examine some of the most critical healthcare workforce forecasting factors. 

5 factors that can throw off healthcare workforce forecasting

Here are five factors that can affect forecasting for the healthcare industry. We discuss general labor demand forecasting concerns in another article. 

1. Seasonality

Seasonality in healthcare can mean a variety of things — the most common is flu and cold season — but there is more to seasonality than that. It can also include a clinic closing down (temporarily or permanently), natural disasters, or any other form of tragedy. 

Seasonality problems lead to stressed-out staff, longer patient waiting times, and poor patient experience. 

How to improve seasonality problems

  • Prepare for what you can: As mentioned before, cold and flu season is a recurring event. If past data shows an overwhelming increase in patients at a certain time of year, create plans to meet that need ahead of time. 
  • Hiring temporary help: Temporary staffing in healthcare can be a great solution. While temporary workers receive higher hourly wages, organizations don’t have to pay any benefits, so you can save money in the long run while ensuring proper patient care and  reducing staff burnout. 
  • Cross-train employees: Create initiatives that cross-train staff in various areas of work. While some areas require formal education, others can be handled with training. When things get busy, cross-trained employees can help fill the gaps. 
  • Appreciate your employees: While this isn’t a direct solution when things get busy, it’s easy to forget how hard everyone is working. You’d be surprised at the difference a simple “thank you” can make during stressful times. 

2. Staff-to-patient ratio

A key performance indicator (KPI) in healthcare workforce management, the staff-to-patient ratio shows how many care staff are available per patient. It measures a patient’s safety and experience and is also a good way to measure resource management. 

How to improve staff-to-patient ratio

The best way to improve your staff-to-patient ratio is to better organize and use your resources, which a labor forecasting tool can help with. 

3. Availability of talent and the hiring process

The talent pool in the healthcare industry is severely limited. It’s predicted that by 2026, there will be a healthcare labor shortage of 3.2 million workers in the U.S. In 2021, 40% of hospitals had accelerated hiring to meet demands, 36% had normal hiring, and 21% had cautious hiring. 

How to improve your hiring practices

  • Upskill current employees: Sometimes, you don’t need to hire outside employees. Plenty of employees want the chance to advance their careers. 
  • Create better job descriptions: You need to grab the attention of healthcare talent. You can do that by tailoring your job descriptions for what you’re looking for and adding information they’re looking for (like hours, pay, and perks).
  • Have a good relationship with rejected applicants: Even though you don’t hire them this round, treat them kindly and keep their info on hand for next time.
  • Speed up the hiring process: While it’s essential to be thorough in the hiring process, especially in healthcare, taking too long can be a detriment. Figure out ways to speed up the process — such as automating some tasks.

4. Staying within budget

At healthcare clinics and care facilities, labor costs can fluctuate when overtime and holiday pay become part of the equation. It’s vital to properly plan for those extra expenses and be appropriately staffed to minimize those costs as much as possible.

How to stay within budget

  • Pay attention to seasonality: By properly forecasting the workforce you’ll need during busy seasons, you can anticipate costs and put affordable staffing solutions in place.
  • Reorganize your budget: It might be time to look at your budget again and see if it can be improved.

5. Turnover and retirement rates

Turnover and retirement rates are a problem within healthcare workforce management because of the limited talent pool already discussed. For registered nurses (RNs), the turnover rate is 18.4%, and almost 60% of Gen X physicians plan to retire by age 60

Organizations need to have labor forecasting plans to handle when employees are lost through retirement or quitting.

How to improve plans for turnover and retirement

  • Prevent burnout: 46% of health workers felt burned out often in 2022. Inflexible work schedules, lack of breaks, and low pay lead to burnout. See how your organizations can mitigate these problems
  • Offer career advancement opportunities: Organizations can retain employees when they have easy access to advancement opportunities. 
  • Plan ahead: Keep up with recruitment and start planning a replacement as soon as you learn an employee is leaving. 

Simplify your workforce management for healthcare employees 

As you can see, healthcare workforce management is much more than just scheduling teams; it’s about preparing for a variety of scenarios. This can be almost impossible without help — which is where Deputy comes in.

Our software can streamline how you approach staffing in healthcare, from figuring out budgets and scheduling to achieving ideal staff coverage across your practice. See how our labor forecasting tool can improve your healthcare organization.

6 Labor Forecasting Challenges in Hospitality and Restaurant Staffing

The world of hospitality is fast-paced, keeping workforce demands in constant flux. Labor forecasting looks ahead at hotel, hospitality, and restaurant staffing needs, but the industry’s unpredictable nature introduces countless variables that can throw projections off. 

Overcoming these challenges with informed labor forecasting models is the only way to control wage costs and consistently deliver excellent customer experiences. 

Read on to learn more about these key factors to optimize hospitality staff coverage. 

6 factors that disrupt labor forecasting in the restaurant and hospitality industries

The hospitality and food service industries experience unique labor forecasting challenges: One minute, there’s high customer traffic, while the next, it’s a ghost town. A large party books and then cancels. An employee calls in sick for their shift. These changes, big and small, are hard to predict, but with a proper labor forecasting model, your business can persist through the ups and downs. 

We address forecasting challenges in different shift-based sectors here. The six key factors below play a specific role in labor forecasting for hospitality and restaurant staffing. 

1. Anticipated customer demand

Many companies in the service industry are small businesses. About 90% of restaurants in the United States have fewer than 50 employees on their payroll, underscoring the need for balanced staffing to meet customer needs efficiently. 

Foot traffic and sales forecasts drive staffing levels, but customer demand is unpredictable in the hospitality industry. Unexpected tour groups or weather conditions impact guest volume. These unanticipated fluctuations lead to over- or understaffing issues that affect your staff and your guests’ experience.

Improve customer demand forecasts

  • Monitor point-of-sale data and reservation logs: You can use historical data to identify spikes, lulls, and average patterns in sales and foot traffic.
  • Collaborate for greater insight: Start conversations between operations, location managers, and frontline staff to create better forecasting strategies based on different perspectives. 
  • Use analytics tools to make the most of your data: Input relevant data into the right forecasting tools to take advantage of finely tuned algorithms to make better, data-driven predictions. 

2. Seasonality and special events

Some fluctuations can be easier to predict. During peak periods, there is a guaranteed need for higher staffing levels.

Peak times, like holidays, special events, and tourist seasons, are the bread and butter of hospitality businesses. Slower periods, such as off-seasons and times when school is in session, create a significant contrast in overall staffing requirements compared to other times of the year. 

Prepare for seasonal and special event surges

  • Analyze weather and seasonal trends: Note how these factors affect customer behavior and prep contingency plans for times of unexpected demand. 
  • Pay attention to special circumstances: Stay up to date on local events and special events that would boost foot traffic volumes. 
  • Equip your staff with tools and training: Cross-train employees to help them adapt to changing demands, and make sure they have what they need to succeed.

3. Employee skills and roles

Different roles require specific skills and scheduling ratios. With restaurant staffing, for example, servers and hosts may be easier to hire than chefs. Accurate forecasting must consider specialized skills and training requirements to keep up with staffing needs. 

Account for employee skills and roles

Accurate restaurant or hotel forecasting models need to keep in mind: 

  • The ideal ratio between front- and back-of-house staff at any time
  • Specific roles that require cross-training or additional skill sets
  • Adequate leadership coverage with enough managers and supervisors for each shift
  • Plans for backfilling crucial roles when key personnel are absent 

Advanced forecasting models can help you identify customer surges, but they also factor in potential staffing risks or losses. Considering that 27% of restaurant and food service employees in the US are students, these models can take into account events like upcoming graduations when you may lose critical workers. 

4. Availability and shift preferences

A 2024 survey found that just 57% of service workers were happy in their jobs. After wages, respondents cited flexibility as the second most important factor in their job satisfaction.

Many hospitality businesses run every day of the year. Even with this notoriously rigid scheduling environment, determining when and how often staff can work makes your workforce happier and more stable.

Consider staff availability and preferences

It’s not always possible to make scheduling accommodations, but building some flexibility into your labor forecasting allows both you and your staff to find balance. To achieve that balance: 

  • Ask staff about their availability and preferences when they’re hired.
  • Use systems and software to factor this information into your forecasts. 
  • Find a scheduling system that benefits both employees and overall business operations. 
  • Keep monitoring patterns and preferences over time and make adjustments as needed. 

5. Labor laws and compliance

Hospitality jobs can be incredibly difficult. Regular breaks and predictive scheduling are not only important for employee satisfaction; labor laws and regulations apply as well. Failure to comply can result in significant repercussions. 

Comply with laws and regulations

Proper hospitality and restaurant forecasting can help prevent businesses from inadvertently scheduling staff in ways that lead to non-compliance with labor laws. To make it easier to manage compliance, utilize resources such as: 

  • Government websites and legal advisories for your jurisdiction
  • Proper job classifications and benefit packages for employees
  • Accessible, well-planned schedules set as far in advance as possible
  • Timers and concretely scheduled break times for employees
  • Labor forecasting and employee scheduling software with smart alerts and guardrails that help reduce compliance risks 

6. Labor expenses and business goals

To maintain profitability, it’s important to make investments that stay within your budget while balancing staffing needs. It’s equally important to invest in employee satisfaction and customer experiences. 

Focus on labor investments that achieve your goals

Employee scheduling and wages are directly tied to your bottom line in multiple ways. View these factors as investments in business performance. 

Happier staff deliver better experiences — which pays dividends for your business. Researchers found that Taco Bell stores with low turnover rates experienced double sales and 55% higher profits compared to stores with high turnover. 

Improve business performance by:

  • Considering different variables: Remember, many things impact profitability. Prioritize the well-being of your employees and customers when making financial decisions. 
  • Investing in your employees: When employees are paid better, they are more motivated to provide better service. Implement concrete tip strategies and consider higher wages. 
  • Leaning on forecasting tools: Forecasting helps allocate resources, ensuring a balance between wages and operational expenses by tracking key performance indicators (KPIs) like sales per labor hour.

Simplify labor forecasting for your hospitality or restaurant staffing 

Accurate labor forecasting is integral to a company’s profitability. Concerned with potential losses, businesses might make rash staffing decisions in times of pressure, like over- or under-scheduling their teams. These decisions can make or break the level of customer service provided at any given time. 

Staff management is a proactive process that accounts for frequently changing variables. This is where an automated labor forecasting solution can help. 

Whether you’d like support in optimizing schedules or hitting service benchmarks, our labor forecasting tools can help simplify staffing decisions to maintain customer satisfaction and control labor costs. Let Deputy improve your restaurant, hotel, or hospitality operations today. 

Challenges of Labor Forecasting in Retail: 5 Factors to Consider

For retailers, balancing staff coverage with payroll budgets is an endless challenge. Inaccurate forecasts lead to heightened costs or understaffing issues. Smart retail labor forecasting practices can help calculate an ideal balance between customer service excellence and employee satisfaction. Here’s what you need to know.

The task of accurate retail labor forecasting

More than 25% of all jobs in the United States are related to the retail sector. With such a large percentage of the workforce connected to retail, accurate labor forecasting plays a big role in work satisfaction for millions of workers.

Unlike short-term retail scheduling, which creates daily and weekly work schedules, labor forecasting is a long-term strategic process. It factors in big-picture variables to develop a workforce plan that aligns staffing needs with labor demands over time. 

At its core, the retail labor forecasting process focuses on one logistical goal: to balance excellent customer service with profitability. Accurate models can mean the difference between a balanced workforce and costly imbalances, such as: 

  • Overstaffing that bleeds profit and expenses
  • Understaffing that damages the retail brand

For cost-conscious retailers, this can translate to thousands of dollars in savings. 

Realistically, managing it all manually is a task very few retailers can afford to risk — guesswork can go wrong for many different reasons. This is why informed retail labor forecasting is so crucial. 

5 factors to consider for retail labor forecasting

We stress the importance of accurate labor forecasting for shift work industries. These five key factors are tailored to help retail businesses make more informed workforce planning decisions. 

1. Customer traffic and sales forecasts

Anticipated sales volumes and customer foot traffic patterns are the foundation for retail labor forecasting. A detailed understanding of historical sales data helps:

  • Identify notable trends in transactions and revenue.
  • Compare current sales with previous periods.
  • Reveal any recent dropping or underperforming sales.

Factor this into forecasting

Don’t overlook labor needs for non-revenue generating yet crucial tasks like restocking shelves, creating displays, and maintaining back-of-house processes. These efforts are just as important for a smooth customer experience but often go unaccounted for in labor forecasting. 

2. Seasonality

Depending on the industry, retailers experience up to 38% increased holiday sales, while others may have regular peaks at different times of the year. During peak sales seasons, the demand for retail staff increases to handle these higher transaction volumes. 

The retail calendar sometimes revolves around seasonal sales drivers. Holidays, back-to-school periods, and seasonal product availability can make or break retail performance. Proper accounting for these peaks and valleys is necessary for labor forecasting, but there is more to consider than just seasonal sales volume. 

Factor this into forecasting

Sales depend on the quality of the customer experience. Meeting customer needs in peak seasons means delivering exceptional service. Ask yourself: 

  • What are the most important seasons and events for sales?
  • When should I hire additional staff ahead of these periods?
  • How long will it take to appropriately train staff to prepare for these sales windows?

A labor forecasting tool can help you determine the answers. When optimal hiring and training timelines are in place, you can make the most of your retail scheduling system to keep sufficient staff on hand, ready to deliver outstanding service during high-stake sales seasons.

3. Employee skills and roles

Not all retail work is created equal. Management, full-time sales associates, and part-time staff all play different retail roles. Retail labor forecasting must account for the specific employee skills, responsibilities, and scheduling requirements for different staff positions. 

Factor this into forecasting

Labor forecasting should consider: 

  • The right mix of managers and support staff at any time
  • Employee skill gaps or roles that may need backfilling months out
  • Employee performance metrics that impact retail efficiency

Retail labor forecasting can identify when key workers may leave their roles, such as at the end or beginning of a school year, and when to schedule the most skilled employees to reap the biggest benefits for your bottom line. 

4. Employee availability and shift preferences

Although the target for many companies is a 10% employee turnover rate, the US national average exceeded 40% in 2023. Retail businesses report even higher rates of turnover at 65%.

Retail environments are not known for employee schedule flexibility, but factoring in staff availability and shift preferences whenever possible can bring enormous benefits. Even small accommodations can increase staff morale. In turn, this reduces costly turnover and absenteeism that throw off labor forecasts. 

Factor this into forecasting

Retail employee availability and preferences data is valuable for immediate staffing needs, but forecasting tools are key to keeping employees happy and the business stable in the long run. 

Consider availability and preferences by: 

  1. Asking employees about their preferred working hours or schedule constraints
  2. Using retail employee scheduling software that integrates this data automatically
  3. Offering flexible shift options, like split shifts or rotating schedules
  4. Cross-training employees in different roles during busy periods
  5. Maintaining open communication about availability and preferences
  6. Reviewing and adjusting data to identify gaps and areas for improvement

This can help reduce employee churn and streamline the forecasting process. Staffing ebbs and flows are easier to predict in businesses with low turnover rates compared to high-churn environments.

5. Labor laws

Compliance with labor laws is non-negotiable. Retailers want to keep costs low while keeping adequate staffing levels but must adhere to laws and regulations such as:

  • Meal and rest breaks  
  • Overtime requirements 
  • Consecutive shift limits 

Failure to account for these labor regulations can lead to penalties and fines. 

Factor this into forecasting

Laws can vary by local jurisdiction. For multi-location retailers, this can make managing compliance a challenge without robust tools. Relevant retail labor forecasting models, however, can help apply rules and regulations around: 

  • Breaks and meal periods
  • Total hours worked
  • Consecutive shifts
  • Employee data (age, clearance, etc.)

This process helps avoid costly overscheduling that can result in non-compliant practices. 

Simplify your retail labor demand forecasting process

Even for small teams, accounting for all the variables of retail labor forecasting is a big task. It can be difficult to balance compliance and expenses while avoiding employee burnout and delivering great customer service. 

Don’t try to tackle demand forecasting manually. Instead, let automated retail labor forecasting do the heavy lifting. 

Leverage the power of data-driven insights with a smart labor forecasting system. Learn how Deputy’s smart scheduling can help. 

How to Forecast Labor Demand in 7 Shift-Based Industries

Labor forecasting can be the difference between growth or going out of business. Done right, it predicts the perfect number of employees needed for a business day. If done poorly, it leads to overspending, stressed employees, and unhappy customers.

 

Labor demand forecasting is especially important in industries that rely on shift work. Learn how to forecast labor demand while considering seven key factors that affect staffing plans in shift-based industries. 

7 factors that affect forecasting planning

Here are seven common labor forecasting factors and the industries most affected by them. 

1. Anticipated foot traffic 

Anticipated foot traffic is the estimated number of people coming through a business. The higher the traffic, the higher the revenue. Company leaders can gather anticipated foot traffic numbers using previous data. Examples include door clickers, video footage, and POS statistics.

 

Most affected industries: This factor is crucial in retail and food service. 

 

Level of predictability: Anticipated foot traffic is relatively predictable. Fluctuations may occur around seasonal and weather changes. 

 

How much can you influence it? Ways to influence anticipated foot traffic include hosting in-store events and sales. 

2. Occupancy levels 

Occupancy levels refer to the number of people a business can serve with its resources. Examples include the number of tables and seats in a restaurant or beds in healthcare facilities. 

 

Most affected industries: Occupancy levels affect hospitality, healthcare, and food service. 

Level of predictability: Occupancy levels are fairly predictable. The most significant changes occur around seasonal shifts. For example, sick seasons occur in healthcare. Summers have more travelers, impacting hospitality.

How much can you influence it? Occupancy levels can change in response to advertising, weather, and available competitor options. 

3. Seasonality and weather

Seasonality and weather involve business and consumer behavior changes due to external factors. For example, nightlife dies down when it’s cold outside. Activity-based businesses see more traffic in the summer when school is out.

Most affected industries: All industries can experience these effects.

Level of predictability: Historical data makes predicting seasonality easier. 

How much can you influence it? You can’t influence this factor since it will happen no matter your actions — your best bet is to prepare for seasonality well in advance and plan for ways weather may affect your operations. 

4. Employee availability and preferences

Acknowledging when employees can or want to work is crucial. Doing so helps a shift-based business run smoothly and ensures employee (and customer) satisfaction.

Most affected industries: This factor affects the hospitality, food service, and retail sectors. 

 

Level of predictability: The level of predictability of this factor depends on you. Communicating with employees about availability and preferences improves predictability. By contrast, a lack of communication creates unpredictability. 

 

How much can you influence it? You set the schedule, so you control how much you pay attention to this factor. Knowing your employees’ preferences allows you to calculate staffing needs that accommodate them. 

5. Labor laws

Labor laws are rules and regulations that all businesses must follow. They influence wages, working hours, and breaks. 

 

Most affected industries: Labor laws affect all industries. 

 

Level of predictability: They have a high level of predictability. 

 

How much can you influence it? Aside from advocating for laws to change, you can’t influence labor laws. Rather, you must know which laws apply to your business and workers and ensure you have dependable processes and systems for managing them. 

6. Budget constraints

Budget constraints occur when businesses encounter challenges related to financial problems. Your business may need more staff but lacks the funds to pay them. This issue is a budget constraint.

Most affected industries: All industries can experience budget constraints.

 

Level of predictability: Budget constraints are highly predictable. However, something unexpected can happen and throw off a budget. An unexpected need for overtime is one example. 

 

How much can you influence it? You can influence budget constraints by monitoring your budget and proactively managing elements like overtime. You can also positively influence it through actions like reducing staffing during slow periods. 

7. Absenteeism and turnover rates

Absenteeism happens when people don’t show up for work. Turnover rates reflect how often employees resign or get fired from their positions.

 

Most affected industries: These factors frequently affect retail, food service, and hospitality.

 

Level of predictability: Absenteeism is fairly unpredictable. Employees could be absent for many reasons, often without warning. Turnover rates are more predictable if you have historical data to assess.

 

How much can you influence it? You can’t influence how often people have emergencies, but you can establish clear policies for getting shifts covered and enforce them when necessary. Many aspects can influence turnover rates, which you should discuss with employees. 

The most important labor demand factors by industry

Here are the most common industries affected by the factors above:

Healthcare

This industry encompasses all aspects of providing care to individuals. Proper forecasting is crucial to keep patients safe while preventing employee burnout. Some factors that heavily influence the healthcare industry include:

  • Absenteeism: Patient safety is at risk if a healthcare worker calls out and you can’t find a replacement.
  • Turnover: Workers may leave a job in response to burnout.
  • Availability: Within a healthcare facility, shifts must be filled by people with specific training and experience, which complicates how you find coverage for the needed roles during operating hours (which may be 24/7). 
  • Labor laws: In healthcare, it’s easy to lose track of time and miss breaks or allow workers to go into overtime.
  • Occupancy levels: Increased need for care requires additional staff to support the load.  

Retail 

Retail stores sell a variety of products, from clothing to groceries. Factors like turnover and absenteeism are common in the retail sector. Other factors that play into labor forecasting in retail are:

 

  • Anticipated foot traffic: A store may have an influx of customers or workers with nothing to do.
  • Seasonality: Some holidays encourage more shopping than others. Examples include Black Friday, Christmas, and Valentine’s Day.
  • Weather: Weather can affect anticipated traffic. It may influence whether employees can get to work safely as well. 
  • Labor laws: It’s difficult to juggle breaks for every worker within a single retail store.

Hospitality

Hospitality has a wide range of businesses under its umbrella. These include hotels, spas, and tourist attractions. Some of the labor forecasting influences for organizations in this industry include:

  • Occupancy levels: Hospitality services have an occupancy level, but you also need to consider demand for services and pace of work as you forecast labor demand.
  • Seasonality: Hospitality is especially vulnerable to seasonality. Depending on the season, a business can become overwhelmed or be completely empty. 
  • Budget constraints: Hospitality budgets need to encompass a variety of factors. Each factor can affect how much money goes towards labor.
  • Labor laws: Employees who are busy with guests may forget to take breaks.

Food service 

Like retail, food service is often an industry where newcomers to the workforce start. This factor can lead to high turnover and absenteeism. Other factors can also affect the food service staff planning, such as:

 

  • Anticipated foot traffic: Knowing how to calculate staffing needs while balancing busy mealtimes and downtime is challenging. 
  • Weather: Weather plays a major role in anticipated traffic. It can also impact whether employees can come in.
  • Labor laws: Labor laws affect all food service businesses. Employees must take regular breaks.

Call centers

Call centers often intersect with multiple industries. Employees provide customer support and handle inquiries. Labor forecasting in a call center must consider the effects of:

 

  • Availability: Staffing a call center often means filling odd-hour shifts in order to provide round-the-clock customer service.
  • Occupancy levels: A business needs space for its employees. A lack of space impacts whether employees can handle the workload.
  • Turnover: Working in a call center can be stressful and repetitive, leading to higher turnover rates. 

Entertainment

Entertainment is an umbrella term for any business providing fun or recreation, like bowling alleys, theme parks, and movie theaters. Factors influencing the entertainment industry include: 

  • Occupancy levels: Entertainment businesses must consider how long customers spend at their business and how quickly you can serve them. A lack of employees could lead to impatient customers and a poor reputation.
  • Turnover: The entertainment industry is susceptible to employee turnover because employees can burn out on customer service, physical demands of the job, and night and weekend hours. 
  • Seasonality: Some businesses shut down or alter hours for seasonal fluctuations. Employee disruptions are often a result.

Manufacturing and logistics

Manufacturing and logistics are challenging industries for employees and company leaders. The physical demands are well known. Factors outside an organization’s control can derail the schedule. For example, late deliveries of essential materials can create issues.

This industry can also experience the impacts of:

  • Labor laws: Additional laws may influence businesses in this market, such as workplace safety accommodations.
  • Availability: Lack of employee availability can completely ruin a production schedule. Poor scheduling can create a snowball effect for all team members.
  • Budget constraints: This factor can make getting things done on time difficult. 
  • Weather: If employees can’t work or deliveries don’t come because of weather, it’s nearly impossible to recover lost time. 

Labor forecasting doesn’t have to be difficult

Running a business is already hard enough — make labor forecasting easier with Deputy. Our software can streamline the forecasting process across various industries. All pertinent information is in one place, including budgets, scheduling, and timesheets. 

 

Learn how Deputy can make labor demand forecasting simple today.

Young factory worker holding presentation about production development to company managers and his coworkers.
Young factory worker holding presentation about production development to company managers and his coworkers.