United States of America in Congress assembled. The American workforce has changed dramatically in recent decades, but workplace policies have not kept pace. (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). ), without regard to whether or not the program is funded under the corresponding Act. (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. (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) 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. Race gaps in job quality are greater for women of color. (2) the provisions of this Act are expressly waived in such collective bargaining agreement. Relatively minor addition to body text. 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 Be it enacted by the Senate and House of Representatives of the (C) DATA REVIEW.—In issuing the regulations, the Secretary shall specify the process by which the Department of Labor will review data from stakeholders, and data collected or generated by the Department, in making those designations. 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. Failure to comply will cost $75 per day, per affected employee. In the federal Schedules that Work Act, a business must grant requests to accommodate a worker’s child or elder care responsibilities, a second job, or a training or education program unless the employer has a bona fide business reason to refuse. (iii) only one in 5 hourly retail and food service workers report working a regular daytime schedule. (. 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. (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—. (A) IN GENERAL.—The term “covered employer”—. (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. (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. (B) CRITERIA.—The regulations shall provide that the Secretary shall so designate an additional occupation—, (i) in which not less than 10 percent of workers employed in the occupation generally—, (I) receive advance notice of their work schedules less than 14 days before the first day of the work schedules; or, (II) experience fluctuations in the number of hours the employees are scheduled to work on a daily, weekly, or monthly basis; or. (5) COMMERCE TERMS.—The terms “commerce” and “industry or activity affecting commerce” have the meanings given the terms in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. (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. (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. Nonexempt employees in occupations designated under this subparagraph shall be considered to be Secretary's designated employees for purposes of this Act. Bill summaries are authored by CRS. (a) Interference with rights.—It shall be unlawful for any employer to interfere with, restrain, or deny the exercise or the attempt to exercise, any right of—. 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