schedules that work act
(. (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. 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) CONSIDERATION.—In prescribing the regulations, the Librarian shall take into consideration the enforcement and remedies provisions concerning the Librarian of Congress under title I of the Family and Medical Leave Act of 1993 (29 U.S.C. These policies strengthen economic security. The Schedules That Work Act of 2019. * All data … 3101 et seq. 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. 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. Reps. Miller and DeLauro introduce Schedules That Work Act. (3) (A) Mothers working in low-wage jobs are more likely to be the primary or sole breadwinner for their families than mothers working in higher-wage jobs. The American workforce has changed dramatically in recent decades, but workplace policies have not kept pace. 203(e)), who is not described in any of subparagraphs (B) through (G); (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. (1) BOARD.—In the case of employees described in section 2(9)(C), the authority of the Secretary under this Act shall be exercised by the Board of Directors of the Office of Compliance. ), the National Labor Relations Act (29 U.S.C. It allows employees to vary their arrival and/or departure times. (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. ( (10) EMPLOYER.—The term “employer” means a person—. (3) an employee of a covered employer as set forth in section 5. (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. Require call-in pay: For employees that are required to call in less than 24 hours before a shift and … (B) the employees and other employees similarly situated. 1. Bill summaries are authored by CRS. Women are primary breadwinners or co-breadwinners in 64 percent of families in the United States. 1384), shall be the procedures applicable to regulations issued under this subsection. 3152(d)), and provides career awareness information. 2000e–16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. The law of the land should do the same. (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. 213(a)(1)). Poor Communication When you’re not using a centralized tool to manage the schedule and store important information, the communication that occurs between employees and managers can get pretty messy. (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. (the F&CWS law), authorizes a versatile and innovative work scheduling program for use in the Federal Government. (C) Work schedule instability causes more work-family conflict, which increases the chance that a worker will be forced to leave his or her job. 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. (ii) for which the Secretary determines such designation is appropriate. … I urge Congress to pass the Schedules that Work Act as soon as possible. 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. (25) SPLIT SHIFT.—The term “split shift” means a schedule of daily hours in which the hours worked are not consecutive, except that—, (A) a schedule in which the total time out for meals does not exceed one hour shall not be treated as a split shift; and. (5) COMPTROLLER GENERAL.—In the case of employees of the Government Accountability Office, the authority of the Secretary under this Act shall be exercised by the Comptroller General of the United States. These occupations are critically important to the United States economy. This Act shall not apply to any employee covered by a valid collective bargaining agreement if—, (1) the terms of the collective bargaining agreement include terms that govern work scheduling practices; and. These policies strengthen economic security. Part 2: Nature conservation, the countryside and National Parks (including the designation of protected areas). 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. Without the right tools in place, managers and busines… (B) using any means, in addition to the written means required under paragraph (3), of notifying a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, of the work schedule of the employee. 2611(4)), to which subparagraph (B) of such section shall apply. (1) IN GENERAL.—To ensure compliance with this Act, or any regulation or order issued under this Act, the Secretary shall have, subject to paragraph (3), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. (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. 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. (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. (14) MINIMUM NUMBER OF EXPECTED WORK HOURS.—The term “minimum number of expected work hours” means the minimum number of hours an employee will be assigned to work on a weekly or monthly basis. (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. 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. (b) Program.—In order to achieve the objectives of this Act—, (1) the Secretary, acting through the Administrator of the Wage and Hour Division of the Department of Labor, shall issue guidance on compliance with this Act regarding providing a flexible, predictable, or stable work environment through changes in the terms and conditions of employment as provided in section 3(a); and, (2) the Secretary shall carry on a continuing program of research, education, and technical assistance, including—, (A) (i) conducting pilot programs that implement fairer work schedules, including by promoting cross training, providing 3 weeks or more advance notice of schedules, providing employees with a minimum number of hours of work, and using electronic workforce management systems to provide more flexible, predictable, and stable schedules for employees; and. Requirements for predictability pay, split shift pay, and advance notice of work schedules for (1) IN GENERAL.—Except as provided in paragraph (2), an action may be brought under this section not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (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. (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). While household economic strain, time conflicts, and the well-being of parents may all negatively impact the health and behavior of a child, a parent's well-being is the most significant factor in determining the behavior and health outcomes of a child. It shows which provisions in Part 1 of the Act have since came into force. (G) an employee of the Government Accountability Office. (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. The use of flexible and compressed work schedules has labor relations implications. (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. (D) such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (2) RESULT.—Such process shall result in—. (22) SECRETARY'S DESIGNATED EMPLOYEE.—The term “Secretary's designated employee” means an employee employed in an occupation, other than a retail, food service, cleaning, hospitality, or warehouse occupation, that is designated by the Secretary under section 9(a)(2) as appropriate for coverage under section 4. (1) I NITIAL SCHEDULE.—On or before the first day of work for a new retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, the employer shall inform the employee of the work schedule of the employee and the minimum number of expected work hours the employee will be assigned to work per month. 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 … 5. ), prescribed in section 304 of that Act (2 U.S.C. (C) Building cleaning occupations as described in 37–2011, 37–2012, and 37–2019 of such System, which includes janitors and cleaners, maids and housekeeping cleaners, and building cleaning workers. (ii) a parent of the individual, who is age 65 or older. This bill is inapplicable to any employee covered by a bona fide collective bargaining agreement if its terms govern work scheduling practices. Some work schedules have the same hours every day and the same days every week. Congress, the Schedules that Work Act, would help all workers, while offering special protections to working students and others with special needs. ), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. (12) GRANDCHILD.—The term “grandchild” means the child of a child. (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. The Schedules That Work Act would give everyone the right to request a predictable schedule. (A) IN GENERAL.—Except as provided in subsection (b)(2), if the work schedule of a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, changes from the work schedule of which the employee was informed pursuant to paragraph (1), the employer shall provide the employee with the new work schedule of the employee not less than 14 days before the first day of the new work schedule. (3) REQUIRED SUBMISSIONS GENERALLY LIMITED TO AN ANNUAL BASIS.—The Secretary shall not under the authority of this subsection require any employer to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this Act or any regulation or order issued pursuant to this Act, or is investigating a charge pursuant to subsection (c). Their legislation protected workers who ask for schedule changes from retaliation, and it required employers to consider their requests. [displayText] => Introduced in House (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. 203). (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—. Failure to comply will cost $75 per day, per affected employee. For example, surveys of nearly 30,000 hourly workers employed by the 80 largest retail and food service chains in the United States show that—. (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. Here are a few of the key takeaways from the Act. (2) CONSIDERATION.—In prescribing the regulations, the Office shall take into consideration the enforcement and remedies provisions concerning the Office under subchapter V of chapter 63 of title 5, United States Code. (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. In the Federal Government, the work schedule is sometimes called a “daily tour of duty” and “weekly tour of duty”. These issues lay the groundwork for the entire unfair scheduling discussion: 1. Text WORK to 235246 to receive periodic text alerts from the AFL-CIO (message and data rates may apply). vide two weeks’ notice of schedules, compensate workers when their hours change at the last minute, give workers a voice in their schedules, … (9) EMPLOYEE.—The term “employee” means an individual who is—. 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, … The bill sets forth administrative enforcement procedures and civil remedies for violation of these prohibitions. 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