Support Workers and Families Through Predictable Schedules
Not knowing when shifts will start or end, and having shifts added and cancelled without notice leads to near-impossible challenges for workers arranging childcare, getting to and from work, balancing work and school, and managing finances. Fair scheduling practices to give workers notice of changed or cancelled shifts provide workers and their families with needed predictability.
Fair pay advocates
Employers that don’t want to provide fair notice of schedules
This act shall be known as the Predictable Scheduling Act
This act advances predictable scheduling for employees.
(a) Advance Notice.
-(1) An employer shall provide each employee the employee’s individual initial work schedule in writing at least 14 days before the first day of that work schedule. For employees not previously employed by an employer, an initial schedule for the first 14 days shall be provided as soon as practicable upon hiring.
-(2) An employer may not require an employee to work hours not included in the employee’s initial written work schedule without consent in writing by the employee.
-(3) The employee may decline any work shifts not included in the employee’s initial written work schedule.
-(4) An employer shall contact each employee to notify the employee of any requested change in the employee’s work schedule before the change takes effect and must provide the employee with a revised written work schedule reflecting any changes within 24 hours of making the change.
(b) Predictability Pay for Last-Minute Schedule Changes and On-Call Hours.
-(1) An employer shall provide the following compensation to an employee for each employer-requested change that occurs to the employee’s written work schedule without the advance notice required in section (a):
–(a) One hour of pay at the employee’s scheduled rate of pay (in addition to wages earned) when the employer:
–(i) Adds hours of work; or
–(ii) Changes the date or start or end time of a work shift with no loss of hours;.
–(b) One-half times the employee’s scheduled rate of pay per hour for each scheduled hour the employee does not work when the employer:
–(i) Changes the date or start or end time of a work shift resulting in a loss of hours;
–(ii) Cancels a work shift;
–(iii) Subtracts hours from a regular work shift before or after the employee reports for duty; or
–(iv) Does not ask the employee to perform work when the employee was required to be available (“on-call”) for a scheduled number of hours.
-(2)The requirements for additional compensation in subsection (b) (1) shall not apply if:
–(a) The schedule change is the result of an employee request or voluntary shift-trading by employees or an employee’s voluntary acceptance of additional hours in response to:
–(i) Mass communication in writing from the employer about the availability of additional hours, or
–(ii) In-person group communication about additional hours that are due to unanticipated customer needs and are consecutive to the employee’s current shift.
–(b) Operations cannot begin or continue due to threats to employees or property, or due to the recommendation of public official that work cannot begin or continue;
–(c) Operations cannot begin or continue because public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system; or
–(d) Operations cannot begin or continue due to natural disasters or other causes not within the employer’s control; or
–(e) An employer subtracts hours from an employee for disciplinary reasons.
(c) Split-shift Pay.
-(1) When an employee works a split shift, one (1) hour’s pay at the employee’s scheduled rate of pay shall be paid in addition to hourly wages for that workday.
-(2) A “split-shift” means a work schedule, which is interrupted by non-paid, non-working periods of over an hour established by the employer, other than bona fide rest or meal periods.
(d) Covered Employees.
-(1) For the purposes of this act, covered employers include:
–(a) Hourly employees working at retail, hospitality, or food services establishments that is one or more of the following:
–(i) A retail employer that employs 100 or more employees worldwide;
–(ii) A hospitality employer that employs 100 or more employees worldwide; or
–(iii) A food services employer that employs 100 or more employees worldwide.
-(2) To determine the number of employees employed by an employer, the calculation shall be based upon the average number of employees employed on each working day during each of the 20 prior workweeks.
(e) Enforcement and non-retaliation
-(1) It shall be unlawful for an employer or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this act. Any employer or employer’s agent shall not take retaliatory personnel action or otherwise discriminate against a person because he or she exercised rights protected under this act.
-(2) This Act is to be enforced by DEPARTMENT pursuant to enforcement mechanisms for other wage and hour laws.