(3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act. (15) HOSPITALITY ESTABLISHMENT.—The term “hospitality establishment” means a hotel, motel, inn, or similar transient lodging establishment. (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. 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. 1301 et seq.). The bill outlines employer requirements for paying reporting time and split shift pay and for giving advance notice of work schedules to retail, food service, or cleaning employees, or the Department of Labor's designated employees, except for those in bona fide executive, administrative, or professional capacities. (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. Reps. Miller and DeLauro introduce Schedules That Work Act. (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. (A) IN GENERAL.—The term “covered employer”—. (20) RETAIL, FOOD SERVICE, CLEANING, HOSPITALITY, OR WAREHOUSE EMPLOYEE.—The term “retail, food service, cleaning, hospitality, or warehouse employee” means a nonexempt employee who is employed in a hospitality establishment, in a warehouse establishment, or in any of the following occupations, as described by the Bureau of Labor Statistics Standard Occupational Classification System (as in effect on the day before the date of enactment of this Act): (A) Retail sales occupations consisting of occupations described in 41–1010 and 41–2000, and all subdivisions thereof, of such System, which includes first-line supervisors of sales workers, cashiers, gambling change persons and booth cashiers, counter and rental clerks, parts salespersons, and retail salespersons. This bill is inapplicable to any employee covered by a bona fide collective bargaining agreement if its terms govern work scheduling practices. (6) Unpredictable and unstable work schedules are common in a wide range of occupations, with evidence of particular concentration in food service, retail, cleaning, hospitality, and warehouse occupations. Some work schedules have the same hours every day and the same days every week. Someone who wants to go to school to get an education should be able to ask for a more predictable schedule without getting fired just for asking. 2000e–16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 5. Workers of color are also more likely than their White counterparts, even compared to White coworkers at the same company, to experience unstable work schedules. After tests have been scored, the student’s photo will be printed on the score report that is automatically sent … (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. (ii) a parent of the individual, who is age 65 or older. minimizing fluctuations in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis. (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). 2611)), or other compensation denied, lost, or owed to such employee by reason of the violation; or. (G) such other reason as may be specified by the Secretary of Labor (or the corresponding administrative officer specified in section 9). (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. (2) RESULT.—Such process shall result in—. (18) PARENT.—The term “parent” means a biological or adoptive parent, a stepparent, or a person who stood in a parental relationship to an employee when the employee was a child. (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. (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. (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. SEC. (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. (3) an employee of a covered employer as set forth in section 5. (9) EMPLOYEE.—The term “employee” means an individual who is—. Individual work schedules that combine the unique attributes of CWS and FWS schedules are not authorized within the DoD. (1) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this Act; (2) has given or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or. This high-intensity plan requires a lot of commitment to make it work. It allows employees to vary their arrival and/or departure times. (V) work “clopening” shifts, as described in paragraph (3)(B). Under this part of the proposed law, employees can request a change in their hours or location of work, more certain notice of their schedule or reduction of fluctuation of hours. Any schedule that gives employees the freedom “to vary their arrival and/or departure times” outside of the traditional 40-hour, 9-5 workweek would be considered flexible, according to the U.S. Department of Labor (DOL). The American workforce has changed dramatically in recent decades, but workplace policies have not kept pace. The first portion applies to all workers and guarantees the right to request a flexible or stable work schedule. [description] => Introduced Failure to comply will cost $75 per day, per affected employee. (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 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. Requirements for predictability pay, split shift pay, and advance notice of work schedules for (1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Board of Directors of the Office of Compliance shall issue such regulations as may be necessary to implement this Act with respect to employees described in section 2(9)(C). (i) about two-thirds of hourly retail and food service workers receive their work schedules with less than 2 weeks’ advance notice; (ii) more than one in 4 hourly retail and food service workers have been scheduled for on-call shifts, and half have worked “clopening” shifts; and. practices that negatively affect employees, and for other purposes. 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. The GDPR came into effect on 25 May 2018. 6121. (D) providing technical assistance to employers, labor organizations, professional associations, and other interested persons on means of achieving and maintaining compliance with the provisions of this 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. (D) such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (C) The employer’s operations cannot begin or continue due to—. 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. 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, … (17) ON-CALL SHIFT.—The term “on-call shift” means any time during which an employer requires an employee to—. [chamberOfAction] => House (C) in the event of a denial, stating the reason for denial, including whether any such reason is a bona fide business reason. (4) CHILD.—The term “child” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis to that child, who is—. (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—. A work schedule includes the hours of a day and the days of a work week that an employee is required to work. ), (PDF provides a complete and accurate display of this text. (2) ADMINISTRATIVE REVIEW.—An affected person who takes exception to an order issued under paragraph (1) may request review of and a decision regarding such an order by an administrative law judge. (ii) for which the Secretary determines such designation is appropriate. Congress, the Schedules that Work Act, would help all workers, while offering special protections to working students and others with special needs. Related. This turnover is associated with downward mobility of the worker's earnings. (v) a severe weather condition that poses a threat to employee safety. (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. Nearly three quarters of the 19.7 million students aged 16 and over enrolled in undergraduate college worked in 2011. (c) Compensation.—For each instance that an employee employed by a covered employer works a shift described in subsection (a), the covered employer shall compensate the employee at one and one-half times the employee’s scheduled rate of pay for the hours worked that are less than 11 hours apart from the hours worked during the previous shift. (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. Contact: Charity Jackson (202) 637-5018. Our work Nature conservation; Conservation and sustainability ; Projects ; Landscape scale conservation ; Centre for Conservation Science ... Have in one's possession or control any bird of a species occurring on Schedule 4 of the Act unless registered, and in most cases ringed, in accordance with the Secretary of State's regulations (see Schedules). The employer shall grant a request, unless there is a bona fide business reason for denying it, if the request is made because of the employee's serious health condition, the employee's responsibilities as a caregiver, or enrollment in a career-related educational or training program, or if a part-time employee requests such a change for a reason related to a second job. A growing body of research highlights the prevalence of erratic scheduling practices, Workers need consistent schedules in order to juggle the demands of work and home, but far too few workplaces provide the consistency workers need. Labor must give information and technical assistance to employers, labor organizations, and the general public concerning compliance with this bill. The employer shall identify, in the corresponding written wage statement or pay stub, the total number of hours of additional pay provided for the pay period involved and whether the additional pay was due to the requirements of subsection (a), the requirements of subsection (b), or the requirements of subsection (c). While there are many types of flexible work schedules, here are a few of the most common: ), or the Higher Education Act of 1965 (20 U.S.C. Array ), the National Labor Relations Act (29 U.S.C. (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. 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. Women are primary breadwinners or co-breadwinners in 64 percent of families in the United States. (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. 10. If you have missed the late registration deadline for a test date, you may be able to request standby testing.. All requests for accommodations and English Learner supports, including appeals, must be submitted by the late registration deadline through the Test Accessibility and Accommodations (TAA) system. (4) SUBPOENA POWERS.—For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 6120. 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 employer shall give the employee the reason for the denial, including whether it was a bona fide business reason. Legislative Alert Letter in Support of the Rights for Transportation Security Officers Act of 2020 March 2, 2020. [actionDate] => 2017-06-20 (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. (A) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 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. The Bureau of Labor Statistics and the Bureau of the Census shall: (1) include in the Current Population Survey questions on, among other things, the amount of fluctuation in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis; and (2) conduct at regular intervals the Contingent Worker Supplement, the Work Schedules and Work at Home Supplement, and other relevant supplements to the Current Population Survey. (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. (B) SAME-Sex OR COMMON LAW MARRIAGE.—Such term includes an individual in a same-sex or common law marriage that meets the requirements of subparagraph (A). 2611). 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