(d) Other requests.—If an employee makes a request for a change in the terms and conditions of employment as set forth in subsection (a), for a reason other than those reasons set forth in subsection (c), the employer may deny the request for any reason that is not unlawful. * All data … 2611). It applies if you process social work data as a local authority in Scotland (as defined by the Social Work (Scotland) Act 1968), and you receive a subject access request for that data. The Schedules that Work Act is about basic fairness: A single mom should know if her hours are being canceled before she arranges for daycare and drives halfway across town to show up to work. [chamberOfAction] => House 3. (3) FEES AND COSTS.—The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. For example, proposed legislation in Minnesota is the most far-reaching and promising among the states where legislation like San Francisco’s has been introduced (these states include Maryland, Massachusetts, and Connecticut). (D) providing technical assistance to employers, labor organizations, professional associations, and other interested persons on means of achieving and maintaining compliance with the provisions of this Act. ), Right to request and receive a flexible, predictable, or stable work schedule, Employer obligation To engage in an interactive process, Requests related to caregiving, enrollment in education or training, or a second job, Requirements for predictability pay, split shift pay, and advance notice of work schedules for THE SCHEDULES THAT WORK ACT: GIVING WORKERS THE TOOLS THEY NEED TO SUCCEED • F ACT SHEET And workers who request a schedule that allows them to attend school, take a child to a regular medical appointment, or address their own health needs too often find that their employers retaliate by cutting their hours sharply.17 Unpredictable Schedules Providing notice of work schedules a week or … (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. (A) either granting or denying the request; (B) in the event of a denial, considering alternatives to the proposed change that might meet the employee’s needs and granting or denying a request for an alternative change in the terms and conditions of employment as set forth in subsection (a); and. (31) WORK SHIFT.—The term “work shift” means the specific hours of the workday during which an employee works. It allows employees to vary their arrival and/or departure times. (the F&CWS law), authorizes a versatile and innovative work scheduling program for use in the Federal Government. 2611 et seq. Their legislation protected workers who ask for schedule changes from retaliation, and it required employers to consider their requests. (B) Not less than one-half times the employee’s regular rate of pay per hour for any hour that the employee is scheduled to work under subsection (a) and does not work due to the employer subtracting or canceling such scheduled hours of work. (A) IN GENERAL.—The term “covered employer”—. (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 President may determine, for good cause shown and stated together with the regulations issued by the President, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act. 2611 et seq. 6121. (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. Nearly three quarters of the 19.7 million students aged 16 and over enrolled in undergraduate college worked in 2011. (a) In general.—The Secretary shall provide information and technical assistance to employers, labor organizations, and the general public concerning compliance with this Act. Across industries, more than half (55 percent) of low-paid hourly workers report that they receive a week or less of notice of their work schedules, and nearly two-thirds (65 percent) report that their employer controls the timing of their work hours. (F) qualify for and maintain eligibility for needed public benefits and work supports, such as child care subsidies and benefits under the supplemental nutrition assistance program, due to fluctuations in income and work hours. Under some policies, employees must work a prescribed number of hours a pay period and be present during a daily "core time." 18 December 2020. Array A bill to permit employees to request changes to their work schedules without fear of retaliation and to ensure that employers consider these requests, and to require employers to provide more predictable and stable schedules for employees in certain occupations with evidence of unpredictable and unstable scheduling practices that negatively affect employees, and for other … (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. the number of hours or times the employee is required to work or be on call; the amount of notification the employee receives of work schedule assignments; and. An employer, if an employee requests a change for any other reason, may deny it for any reason that is not unlawful. (2) may revoke such consent in writing at any time during employment. (iii) only one in 5 hourly retail and food service workers report working a regular daytime schedule. (28) WAREHOUSE ESTABLISHMENT.—The term “warehouse establishment” means any business that engages primarily in the storage of goods, wares, or commodities for hire or compensation, and, in connection with such storage, may include the loading, packing, sorting, stacking, wrapping, distribution, or delivery of those goods, wares, or commodities. provide more predictable and stable schedules for employees in certain The Federal Employees Flexible and Compressed Work Schedules Act of 1982, codified at 5 U.S.C. minimizing fluctuations in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis. The employer shall give the employee the reason for the denial, including whether it was a bona fide business reason. (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 Comptroller General may determine, for good cause shown and stated together with the regulations issued by the Comptroller General, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act. (B) Food preparation and serving related occupations as described in 35–0000, and all subdivisions thereof, of such System, which includes supervisors of food preparation and serving workers, cooks and food preparation workers, food and beverage serving workers, and other food preparation and serving related workers. In recent years, the importance of flexible and compressed work schedules has been enhanced by the emergence of work and family issues. The Schedules That Work Act would implement several reforms in this direction, including: Mandating employees’ work schedules, or changes to work schedules, are posted at least 14 days in advance. (2) WILLFUL VIOLATION.—In the case of such action brought for a willful violation of section 6, such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought. (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 Office may determine, for good cause shown and stated together with the regulations issued by the Office, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act. (1) an employee as set forth in section 3; (2) a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, as set forth in section 4; or. (3) OFFICE OF PERSONNEL MANAGEMENT.—In the case of employees described in section 2(9)(E), the authority of the Secretary under this Act shall be exercised by the Office of Personnel Management. 6120. (1) IN GENERAL.—Except as provided in subsections (b) through (f), not later than 180 days after the date of enactment of this Act, the Secretary shall issue such regulations as may be necessary to implement this Act. A bill to permit employees to require changes to their work schedules without fear of retaliation and to ensure that employers consider these requests, and to require employers to provide more predictable and stable schedules for employees in certain occupations with evidence of unpredictable and unstable scheduling practices that negatively affect employees, and for other … (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—. (B) who is engaged in commerce (including government), in the production of goods for commerce, or in an enterprise engaged in commerce (including government) or in the production of goods for commerce. (B) COMPENSATION FOR FAILURE TO PROVIDE TIMELY NOTICE.—An employer that violates subparagraph (A) shall compensate each affected employee in the amount of $75 per day that the new work schedule is not provided. Availability of that schedule by electronic means accessible to all retail, food service, cleaning, hospitality, or warehouse employees, or Secretary's designated employees, of that employer shall be considered compliance with this subparagraph. (1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the President shall issue such regulations as may be necessary to implement this Act with respect to employees described in section 2(9)(D). These issues lay the groundwork for the entire unfair scheduling discussion: 1. Individual work schedules that combine the unique attributes of CWS and FWS schedules are not authorized within the DoD. (G) such other reason as may be specified by the Secretary of Labor (or the corresponding administrative officer specified in section 9). 1. The Schedules That Work Act would implement several reforms in this direction, including: Mandating employees’ work schedules, or changes to work schedules, are posted at least 14 days in advance. It shows which provisions in Part 1 of the Act have since came into force. Such a change shall include a change in the number of hours of work for which an employee is assigned. Bill summaries are authored by CRS. SEC. (b) Employer obligation To engage in an interactive process.—. (. (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. (1) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this Act; (2) has given or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or. 2611(4)), to which subparagraph (B) of such section shall apply. (20) RETAIL, FOOD SERVICE, CLEANING, HOSPITALITY, OR WAREHOUSE EMPLOYEE.—The term “retail, food service, cleaning, hospitality, or warehouse employee” means a nonexempt employee who is employed in a hospitality establishment, in a warehouse establishment, or in any of the following occupations, as described by the Bureau of Labor Statistics Standard Occupational Classification System (as in effect on the day before the date of enactment of this Act): (A) Retail sales occupations consisting of occupations described in 41–1010 and 41–2000, and all subdivisions thereof, of such System, which includes first-line supervisors of sales workers, cashiers, gambling change persons and booth cashiers, counter and rental clerks, parts salespersons, and retail salespersons. This bill grants an employee the right to request that the employee's employer change the terms and conditions of employment relating to: the number of hours or times the employee is required to work or be on call; the location; the amount of notification the employee receives of work schedule assignments; and The legislation also provides a small amount of extra shift pay to these employees when their schedules are changed abruptly or they are assigned to particularly difficult shifts—including split shifts and call-in shifts. The Schedules that Work Act July 22, 2014 It is illegal to discriminate on the basis of membership (or perceived membership) in any of the four categories listed above. With the Schedules That Work Act, I would have the ability to decline last-minute shifts or would be paid extra for working them. (21) SECRETARY.—The term “Secretary” means the Secretary of Labor. (1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Comptroller General shall issue such regulations as may be necessary to implement this Act with respect to employees of the Government Accountability Office. 1 Golden, L. (2015, April). 18 December 2020. Workers of color are also more likely than their White counterparts, even compared to White coworkers at the same company, to experience unstable work schedules. 1301 et seq. (B) RIGHT TO DECLINE.—A retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, may decline to work any hours not included in the work schedule posted under subparagraph (A) as work hours for the employee. In the Federal Government, the work schedule is sometimes called a “daily tour of duty” and “weekly tour of duty”. (B) age 18 or older and incapable of self-care because of a mental or physical disability. (2) REGULATIONS REGARDING ADDITIONAL OCCUPATIONS TO BE COVERED.—. (1) the number of hours the employee is required to work or be on call for work; (2) the times when the employee is required to work or be on call for work; (3) the location where the employee is required to work; (4) the amount of notification the employee receives of work schedule assignments; and. Workers need consistent schedules in order to juggle the demands of work and home, but far too few workplaces provide the consistency workers need. (b) Penalty.—Any employer that willfully violates this section may be assessed a civil money penalty not to exceed $100 for each separate offense. (B) SAME-Sex OR COMMON LAW MARRIAGE.—Such term includes an individual in a same-sex or common law marriage that meets the requirements of subparagraph (A). 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. Relative to White workers, workers of color a few of the Rights! 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