(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. 151 et seq. A work schedule includes the hours of a day and the days of a work week that an employee is required to work. (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. (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. Part-time is the new full-time. * All data … (G) such other reason as may be specified by the Secretary of Labor (or the corresponding administrative officer specified in section 9). This bill grants an employee the right to request that the employee's employer change the terms and conditions of employment relating to: The employer, if the request is made, shall engage in a timely, good faith interactive process with the employee that includes a discussion of potential schedule changes that would meet the employee's needs. Contact Us . Here are the steps for Status of Legislation: To permit employees to request changes to their work schedules without fear of retaliation and to (2) conduct at regular intervals the Contingent Worker Supplement, the Work Schedules and Work at Home Supplement, and other relevant supplements (as determined by the Secretary), to the Current Population Survey. The U.S. Department of Labor (DOL) notes, however, that “under some policies, employees must work a prescribed number of hours a pay period and be present during a daily ‘core time’.” Individual work schedules that combine the unique attributes of CWS and FWS schedules are not authorized within the DoD. (b) Findings.—Congress finds the following: (1) The vast majority of the United States workforce today is juggling responsibilities at home and at work. (2) REGULATIONS REGARDING ADDITIONAL OCCUPATIONS TO BE COVERED.—. (B) At the same time, low-wage workers have the least control over their work schedules and the most unpredictable schedules. 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. 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. After tests have been scored, the student’s photo will be printed on the score report that is automatically sent … The Schedules That Work Act requires employers to provide schedules two weeks in advance. Purpose 5 USC 6121 - Sec. These occupations are critically important to the United States economy. 4. In some industries, “just-in-time” scheduling practices, which base workers' schedules on perceived consumer demand to minimize labor costs, are particularly common. retail, food service, cleaning, hospitality, warehouse, or Secretary's 10. Depending on the organization and the position, an employee’s work schedule may be a traditional, 40-hour-per-week, Monday-through-Friday schedule, or … The Fair Labor Standards Act (FLSA) does not address flexible work schedules. 12101 et seq. (1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Office of Personnel Management shall issue such regulations as may be necessary to implement this Act with respect to employees described in section 2(9)(E). Employees represented by a recognized union may participate in a flexible or compressed work schedule "only to the extent expressly provided under a collective bargaining … (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. (2) the provisions of this Act are expressly waived in such collective bargaining agreement. schedule a small scroll; an appendage; most commonly encountered as a part of an Act of Parliament. (C) CONSENT.—If a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, voluntarily consents to work any hours not posted under subparagraph (A), such consent must be recorded in writing. Bill summaries are authored by CRS. (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. 2611(4)), to which subparagraph (B) of such section shall apply. 206 and 207), and may issue an order making determinations, and assessing a civil penalty described in paragraph (3) (in accordance with paragraph (3)), with respect to such an alleged violation. (d) Pay stub transparency.—Any pay provided to an employee pursuant to subsection (a), (b), or (c) (referred to in this subsection as “additional pay”) shall be included in the employee's regular paycheck. (A) provide necessary care for children and other family members, including securing and maintaining stable child care; (B) access and receive needed care for the workers’ own serious health conditions; (D) get or keep a second job, which many workers need to make ends meet; (E) plan for and access transportation to reach worksites; and. These policies strengthen economic security. The Schedules that Work Act and RAP and CPD campaigns have inspired further legislation proposed at the state level. A flexible work schedule is an alternative to the traditional 9 to 5, 40-hour work week. 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 … 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). (1) ADMINISTRATIVE ACTION.—The Secretary shall receive, investigate, and attempt to resolve complaints of violations of this Act in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. (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. (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. (c) Requests related to caregiving, enrollment in education or training, or a second job.—If an employee makes a request for a change in the terms and conditions of employment as set forth in subsection (a) because of a serious health condition of the employee, due to the employee’s responsibilities as a caregiver, or due to the employee's enrollment in a career-related educational or training program, or if an employee makes a request for such a change for a reason related to a second job, the employer shall grant the request, unless the employer has a bona fide business reason for denying the request. (B) A schedule change is the result of a mutually agreed upon shift trade or coverage arrangement between retail, food service, cleaning, hospitality, or warehouse employees, or Secretary’s designated employees, subject to any policy of the employer regarding required conditions for employees to exchange shifts. (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. (i) a covered employer, as defined in paragraph (6), who is not described in any of clauses (ii) through (vii); (ii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (iii) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (iv) an employing office, as defined in section 411(c) of title 3, United States Code; (v) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; (vii) the Comptroller General of the United States; and. Labor must give information and technical assistance to employers, labor organizations, and the general public concerning compliance with this bill. (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. (E) Workers who receive shorter advanced notice, those who work on-call shifts, those who experience last minute shift cancellation and timing changes, and those with more volatile work hours are more likely to experience hunger, residential hardships, and more overall economic hardship. 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. (1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Librarian of Congress shall issue such regulations as may be necessary to implement this Act with respect to employees of the Library of Congress. 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. 209). (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. 1 Golden, L. (2015, April). The FLSA Permits Changing Employee Work Schedules. An employer, if an employee requests a change for any other reason, may deny it for any reason that is not unlawful. With the Schedules That Work Act, I would have the ability to decline last-minute shifts or would be paid extra for working them. "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." 2611). Be it enacted by the Senate and House of Representatives of the (23) SERIOUS HEALTH CONDITION.—The term “serious health condition” has the meaning given the term in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. Schedules That Work Act . Their legislation protected workers who ask for schedule changes from retaliation, and it required employers to consider their requests. Part 3: Public rights of way. [chamberOfAction] => House (1) BONA FIDE BUSINESS REASON.—The term “bona fide business reason” means—. (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. 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. (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. (30) WORK SCHEDULE CHANGE.—The term “work schedule change” means any modification to an employee’s work schedule, such as an addition or reduction of hours, cancellation of a shift, or a change in the date or time of a work shift, by an employer. designated employees. (3) an employee of a covered employer as set forth in section 5. The levies to tax on income were originally set out in Schedules to the Income Tax Act. 2301 et seq. 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. Agencies may also establish daily or weekly basic work requirements. (G) an employee of the Government Accountability Office. (8) EMPLOY.—The term “employ” has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. Right to rest between work shifts. The first portion applies to all workers and guarantees the right to request a flexible or stable work schedule. ), (PDF provides a complete and accurate display of this text. 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. Work schedules. How the ‘Schedules That Work’ Act Could Change the Lives of Millions of Workers Ethan Corey July 30, 2014 Nancy Reynolds, 67, says her unpredictable schedule … (2) Despite the dual responsibilities of today's workforce, both hourly and salaried workers often have little ability to make changes to their work schedules when those changes are needed to accommodate family responsibilities. (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. (i) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees (described in paragraph (9)(A)); (ii) includes any person who acts, directly or indirectly, in the interest of such an employer to any of the employees (described in paragraph (9)(A)) of such employer; (iii) includes any successor in interest of such an employer; and. [chamberOfAction] => House About Us. (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. ), or the Higher Education Act of 1965 (20 U.S.C. Women are primary breadwinners or co-breadwinners in 64 percent of families in the United States. (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—. In the case of United Kingdom corporation tax, they remain for companies charged to that tax, and in the case of United Kingdom income tax, many, but not all remain. (21) SECRETARY.—The term “Secretary” means the Secretary of Labor. 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 (A) the identifiable burden of additional costs to an employer, including the cost of productivity loss, retraining or hiring employees, or transferring employees from one facility to another facility; (B) a significant detrimental effect on the employer’s ability to meet organizational needs or customer demand; (C) a significant inability of the employer, despite best efforts, to reorganize work among existing (as of the date of the reorganization) staff; (D) a significant detrimental effect on business performance; (E) insufficiency of work during the periods an employee proposes to work; (F) the need to balance competing scheduling requests when it is not possible to grant all such requests without a significant detrimental effect on the employer’s ability to meet organizational needs; or. 1301), other than an applicant for employment; (D) a covered employee, as defined in section 411(c) of title 3, United States Code; (E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code; (F) an employee of the Library of Congress; or. (ii) for which the Secretary determines such designation is appropriate. The Schedules That Work Act is intended to provide workers with a say in their work schedules and begin to curb the most abusive unpredictable and unstable scheduling practices that threaten working families’ financial security. ACT may visit test centers to conduct additional test security measures on test day, such as collecting images of examinees during check-in and/or other security activities. Editing and updating summary and body text and updating Keeling Schedules PDFs The bill outlines the process for either granting or denying a change. (16) NONEXEMPT EMPLOYEE.—The term “nonexempt employee” means an employee who is not employed in a bona fide executive, administrative, or professional capacity, as defined for purposes of section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 2. 201 et seq. ), prescribed in section 304 of that Act (2 U.S.C. (3) CAREGIVER.—The term “caregiver” means an individual with the status of being a significant provider of—, (A) ongoing care or education, including responsibility for securing the ongoing care or education, of a child; or, (B) ongoing care, including responsibility for securing the ongoing care, of—, (i) a person with a serious health condition who is in a family relationship with the individual; or. Nonexempt employees in occupations designated under this subparagraph shall be considered to be Secretary's designated employees for purposes of this Act. (11) FAMILY RELATIONSHIP.—The term “family relationship” means a relationship with—, (A) a child, spouse, domestic partner, parent, grandchild, grandparent, sibling, or parent of a spouse or domestic partner; or. (c) Current population survey.—The Secretary, acting through the Commissioner of the Bureau of Labor Statistics, and the Director of the Bureau of the Census shall—, (1) include in the Current Population Survey questions on—. (v) a severe weather condition that poses a threat to employee safety. (B) age 18 or older and incapable of self-care because of a mental or physical disability. (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. Low-wage workers and their families need federal workplace standards like the Schedules that Work Act, which would provide fair scheduling protections, and the Healthy Families Act, which would establish a paid sick days standard. It shows which provisions in Part 1 of the Act have since came into force. 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. 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