Bill Summary: Fair Work Week Schedule

This bill seeks to address the issue of unstable work schedules for employees. It introduces various provisions to ensure that employees are provided with fair and predictable work schedules.

Key Definitions

Employee: Refers to any person who is paid on an hourly basis, is not exempt from the minimum wage and overtime requirements, and is allowed to work by their employer in specific occupations, including the mercantile trade, restaurants, hotels, and long-term health care services.

Employer: Refers to an employer who has at least twenty-five employees, including franchisees.

Regular rate: Refers to the employee's basic hourly pay rate.

Scheduled work hours: Refers to the hours an employee is scheduled to work based on their work schedule.

Shift: Refers to the consecutive hours an employer schedules an employee to work.

Work schedule: Refers to a written notice provided to employees, specifying their regular and on-call hours for a consecutive seven-day period.

Work schedule change: Refers to any employer-initiated modification to an employee's work schedule, including adding or reducing hours, canceling or changing work shifts, or scheduling on-call shifts without the need to report to work.

Provisions in the Bill

Scheduling Requirements:

Employers must provide written work schedules to employees at the time of employment and at least 14 days before any new schedule starts.
The schedule must be posted in a visible place accessible to all employees at the workplace and transmitted to each employee, which can be done electronically if regularly used for communication.
An employee has the right to decline working any hours not included in the posted work schedule, unless they voluntarily consent in writing.

Work Schedule Changes:

Employers must provide written notice of any work schedule changes promptly and revise the written schedule within 24 hours of making the change.

Compensation for Schedule Changes:

If an employer adds hours or changes the date, time, or location of a work shift less than 14 days before it starts, the employee must be paid one hour of their regular rate for each instance.
If an employer cancels or reduces an employee's scheduled work hours after they have reported to work or less than 14 days before the scheduled hours, the employee must be paid half their regular rate for those hours.

Shift Compatibility:

Employees have the right to decline working a shift that starts less than eleven hours after the end of their previous shift or during the eleven-hour period following the end of their shift that spans two days.
If an employee consents to work such a shift, they must provide written consent, and they will be compensated at one and a half times their regular rate for those hours.

Exceptions and Additional Provisions:

Employers may adopt policies that provide more favorable scheduling conditions for employees than required by this bill.
The bill does not override contracts, collective bargaining agreements, employment benefit plans, or other agreements that provide greater benefits to employees.
Upon hiring, employers must obtain a written statement from the employee about their desired weekly work hours and availability, which can be modified in writing during the employment.

Enforcement and Penalties:

An employer who fails to comply with the provisions of this bill may face penalties, including compensatory damages, civil penalties, and orders to comply with the requirements.
The Labor Commissioner and courts may grant relief, including compensatory damages, compliance orders, and civil penalties, to employees or entities aggrieved by violations of this bill.
The bill also requires employers to keep accurate records of employee shifts, work schedules, and revisions for at least three years.

Effective Date: The provisions of this bill will become effective on October 1, 2020.

Statement of Purpose: The bill aims to prevent the practice of on-call shift scheduling and ensure fair and predictable work schedules for employees.

Sen. Julie Kushner

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