(3) EXCEPTIONS TO PREDICTABILITY PAY.—An employer shall not be required to pay predictability pay under paragraph (2), or to obtain written consent pursuant to subsection (a)(5), under any of the following circumstances: (A) A retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, requests a shift change in writing, including through the use of sick leave, vacation leave, or any other leave policy offered by the employer. (A) IN GENERAL.—The term “spouse” means a person with whom an individual entered into—, (i) a marriage as defined or recognized under State law in the State in which the marriage was entered into; or. (18) PARENT.—The term “parent” means a biological or adoptive parent, a stepparent, or a person who stood in a parental relationship to an employee when the employee was a child. Some work schedules have the same hours every day and the same days every week. SEC. ), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. (3) NOTIFICATIONS IN WRITING.—The notifications of the work schedules required under paragraphs (1) and (2) shall be made to the employee involved in writing. (a) In general.—Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the Secretary (or the corresponding administrative officer specified in section 9) setting forth excerpts from, or summaries of, the pertinent provisions of this Act and information pertaining to the filing of a complaint under this Act. (B) contact the employer or the designee of the employer, or wait to be contacted by the employer or designee, to determine whether the employee is required to report to work at that time. (a) In general.—Nothing in this Act shall be construed as superseding, or creating or imposing any requirement in conflict with, any Federal, State, or local regulation or other law (including the Americans with Disabilities Act of 1990 (42 U.S.C. (B) age 18 or older and incapable of self-care because of a mental or physical disability. (8) This Act is a first step in responding to the needs of workers for a voice in the timing of their work hours and for more predictable schedules. (2) REGULATIONS REGARDING ADDITIONAL OCCUPATIONS TO BE COVERED.—. (c) Split shift pay requirement.—An employer shall pay a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, for one additional hour at the employee’s regular rate of pay for each day during which the employee works a split shift. (a) Right To request.—An employee may apply to the employee's employer to request a change in the terms and conditions of employment as they relate to—. Employers using these practices often post work schedules with little notice, vary work hours widely from week to week, cancel shifts at the last minute, and schedule employees for “on call” shifts (requiring an employee to call in to work to find out whether the employee will have to work later that day) or “clopening” shifts (requiring an employee to work a closing shift at night followed by an opening shift a few hours later). (3) MODIFICATIONS.—The regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the Board may determine, for good cause shown and stated together with the regulations issued by the Board, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act. … (7) DOMESTIC PARTNER.—The term “domestic partner” means the individual recognized as being in a relationship with an employee under any domestic partnership, civil union, or similar law of the State or political subdivision of a State in which the employee resides. After tests have been scored, the student’s photo will be printed on the score report that is automatically sent … (A) the magnitude of fluctuation in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis; (B) the extent of advance notice an employee receives of the employee's work schedule; and, (C) the extent to which an employee has input in the employee's work schedule; and. (ii) a parent of the individual, who is age 65 or older. (b) Relationship to collective bargaining rights.—Nothing in this Act (including section 12) shall be construed to diminish or impair the rights of an employee under any valid collective bargaining agreement. I urge Congress to pass the Schedules that Work Act as soon as possible. 211(a)). It's called the Schedules That Work Act, and Congress could act on it at any moment--but legislators need to know the public stands behind it. Legislative Alert Letter in Support of the Rights for Transportation Security Officers Act of 2020 March 2, 2020. (27) STATE.—The term “State” has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. (4) Unfair work scheduling practices make it difficult for low-wage workers to—. 1001 et seq. 2611 et seq.). Research, education, and technical assistance program and surveys. Labor must give information and technical assistance to employers, labor organizations, and the general public concerning compliance with this bill. If you have missed the late registration deadline for a test date, you may be able to request standby testing.. All requests for accommodations and English Learner supports, including appeals, must be submitted by the late registration deadline through the Test Accessibility and Accommodations (TAA) system. [description] => Introduced (2) during the 11 hours following the end of a work shift or on-call shift that spanned 2 days. The first portion applies to all workers and guarantees the right to request a flexible or stable work schedule. (ii) evaluating the results of such pilot programs for employees, employee's families, and employers; (B) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the various communication media, and the general public the findings of studies regarding fair work scheduling policies and other materials for promoting compliance with this Act; (C) sponsoring and assisting State and community informational and educational programs; and. (5) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to prohibit an employer from—, (A) providing greater advance notice of the work schedule of a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, than is required under this subsection; or. Reps. Miller and DeLauro introduce Schedules That Work Act. Such hearing shall be conducted expeditiously. (B) any individual related to the employee involved by blood or affinity, whose close association with the employee is the equivalent of a family relationship described in subparagraph (A). Race gaps in job quality are greater for women of color. ), the Family and Medical Leave Act of 1993 (29 U.S.C. (4) SUBPOENA POWERS.—For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)). Women are primary breadwinners or co-breadwinners in 64 percent of families in the United States. Federal Employees Flexible and Compressed Work Schedules Act. 3. These policies strengthen economic security. The Schedules That Work Act gives workers a say in their work schedules, and curbs the abusive scheduling practices that have become particularly rampant in many of the fastest-growing, low-wage industries. Failure to comply will cost $75 per day, per affected employee. (2) OBLIGATION TO KEEP AND PRESERVE RECORDS.—Each employer shall make, keep, and preserve records pertaining to compliance with this Act in accordance with regulations issued by the Secretary under section 9. 2611 et seq. Someone who wants to go to school to get an education should be able to ask for a more predictable schedule without getting fired just for asking. (2) CONSIDERATION.—In prescribing the regulations, the Board shall take into consideration the enforcement and remedies provisions concerning the Board, and applicable to rights and protections under the Family and Medical Leave Act of 1993 (29 U.S.C. The Schedules That Work Act requires employers to provide schedules two weeks in advance. Without the right tools in place, managers and busines… (i) about two-thirds of hourly retail and food service workers receive their work schedules with less than 2 weeks’ advance notice; (ii) more than one in 4 hourly retail and food service workers have been scheduled for on-call shifts, and half have worked “clopening” shifts; and. The GDPR came into effect on 25 May 2018. (1) IN GENERAL.—An employer may, subject to subsection (a) and paragraph (2), make changes as needed to the work schedule of a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, including by offering additional hours of work in addition to those scheduled pursuant to the requirements under subsection (a). (ii) in a case in which wages, salary, employment benefits (as so defined), or other compensation have not been denied, lost, or owed to the employee, any actual monetary losses sustained by the employee as a direct result of the violation; (B) interest on the amount described in subparagraph (A) calculated at the prevailing rate; (C) an additional amount as liquidated damages equal to the sum of the amount described in subparagraph (A) and the interest described in subparagraph (B), except that if an employer who has violated a covered provision proves to the satisfaction of the court that the act or omission which violated the covered provision was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of a covered provision, such court may, in the discretion of the court, reduce the amount of liability to the amount and interest determined under subparagraphs (A) and (B), respectively; and. Under the Part-Time Workers Bill of Rights, PetSmart would also have to give experienced workers like me additional hours before hiring new part-time workers. Today's employers understand that flexibility is what employees require in their work schedules. 1. In New Jersey, legislation known as the New Jersey Schedules That Work Act has been introduced, which will, according to this article, “would require employers of those workers to post schedules two weeks in advance, pay employees who are asked to call in to see if they are needed, and provide an hour’s worth of extra pay for shift changes made with less than 24 hours’ notice.” Related. APPEALS TO THE OFFICE OF THE SPECIAL COUNSEL (OSC) Within the guidelines established by the component’s FWS program, section 6132 of title 5, United States Code, protects an employee's right to elect a time of arrival or departure, to work or not to work credit hours, … (c) Interference with Proceedings or Inquiries.—It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual—. (b) Employer obligation To engage in an interactive process.—. The Fair Labor Standards Act (FLSA) does not address flexible work schedules. (b) Consent.—An employee employed by a covered employer may—, (1) consent to work a shift described in subsection (a) in writing, either for each such shift or for multiple shifts; and. 5. Senator Warren and Representative DeLauro first introduced the Schedules That Work Act in 2015 and then again in 2017 to protect workers from this kind of instability. In fact, the labor law bible, the Fair Labor Standards Act (FLSA), does not address flexible work schedules, which means flex schedules are allowed at the discretion of the employer. (b) Predictability for work schedule changes made with less than 14 days' notice.—. The bill makes it unlawful for any employer or other person to: (1) interfere with, restrain, or deny the exercise or the attempt to exercise any right of an employee specified in this bill; (2) retaliate against an employee for exercising the rights granted employees by this bill; or (3) interfere with proceedings or inquiries with respect to violation of an individual's rights under this bill. 2301 et seq. (2) may revoke such consent in writing at any time during employment. (3) CIVIL PENALTY.—An employer who willfully and repeatedly violates—, (A) section 4 or 5 shall be subject to a civil penalty in an amount to be determined by the Secretary, but not to exceed $100 per violation; and. Congress, the Schedules that Work Act, would help all workers, while offering special protections to working students and others with special needs. For example, when Gap Inc. piloted strategies to make work schedules more stable and predictable for employees, the Gap Inc. stores that implemented these strategies experienced higher productivity, and a 7-percent increase in sales, compared to those Gap Inc. stores that did not implement these strategies. United States of America in Congress assembled. Congresswoman DeLauro and Senator Warren first introduced the Schedules That Work Act in 2015 and then again in 2017 to protect workers from this kind of instability. Why We Need the Schedules That Work Act This fact sheet details the harm that unpredictable and unstable scheduling has on workers' wellbeing and economic stability as well as how the Schedules That Work Act will ensure working people greater certainty about their schedules and income by providing them the right to request flexible, stable, and predictable schedules. (ii) The statistics described in clause (i) remain true after controlling for demographics, human capital, worker power, firm segregation, and discordance with the race or ethnicity of the worker and the manager. (C) PERSON.—In this paragraph, the term “person” has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. The Federal Employees Flexible and Compressed Work Schedules Act of 1982, codified at 5 U.S.C. "Congress should pass the Schedules that Work Act to empower these workers to regain control over their work schedules and to build some economic security for themselves and their families." vide two weeks’ notice of schedules, compensate workers when their hours change at the last minute, give workers a voice in their schedules, … (4) LIBRARIAN OF CONGRESS.—In the case of employees of the Library of Congress, the authority of the Secretary under this Act shall be exercised by the Librarian of Congress. TITLE 5 OF THE UNITED STATES CODE GOVERNMENT ORGANIZATION OF EMPLOYEES PART III -- EMPLOYEES SUBPART E - - ATTENDANCE AND LEAVE CHAPTER 61-- HOURS OF WORK SUBCHAPTER II -- FLEXIBLE AND COMPRESSED WORK SCHEDULES 5 USC 6120 - Sec. Array Their legislation protected workers who ask for schedule changes from retaliation, and it required employers to consider their requests. For example: (A) Unstable work schedules lead to more household economic strain and time conflicts, and hurt the well-being of parents. ACT Study Plan #4: 1-Month Program, High Intensity. The basic work requirement of a flexible work schedule is the number of hours, excluding overtime hours, an employee must work or otherwise account for by leave, credit hours, holiday hours, excused absence, compensatory time off, or time off as an award. (4) CIVIL ACTION.—The Secretary may bring an action in any court of competent jurisdiction on behalf of aggrieved employees to—, (B) award such equitable relief as may be appropriate, including employment, reinstatement, and promotion; and. Part-time is the new full-time. (2) the provisions of this Act are expressly waived in such collective bargaining agreement. 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