US Senate Bill Aims
to Fix Work Scheduling
Would Provide Latitude
to Take Time off and Require
Predictable, Stable Schedules
Senator Warren’s bill, The Schedules That Work Act, S.1772, targets scheduling hardships experienced by certain classes of workers. It arrives in the federal legislative process on the heels of “fair scheduling” bills that have become law at the state and local level. It would also require employers to make, keep, and preserve records of compliance with the Act, and post a notice in the workplace explaining employees’ rights under the Act. An identical bill, H.R.3071, also was introduced in the House of Representatives.
The bill provides that an employee may apply to the employer to request a change in the terms and conditions of employment as they relate to:
According to the bill, the employer would be required to 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.
This interactive process would result in the employer:
The bill also would require employers to provide restaurant, retail, and building cleaning employees with reporting time pay, split shift pay, and advance notification of work schedules.
The Act would exempt any employer with a bona fide collective bargaining agreement if the terms of the collective bargaining agreement include terms that govern work scheduling practices.
The Secretary of Labor would be empowered to bring a civil action to enforce the Act.