Bills
| 3.23.22

Should Employers Have to Change Workers’ Schedules Unless They Have a Good Reason Not To? (S. 1386)

Do you support or oppose this bill?

What is S. 1386?

(Updated March 17, 2020)

This bill would grant employees the right to request that their employer change the terms and conditions of employment related to their hours, work location, amount of notification they receive for work scheduling, and minimizing changes in their work schedule.

The employer would be required to respond to such a request in a timely manner and begin a good faith discussion to make reasonable changes to the employee’s schedule. Employers would be required to grant the request if it is made because of the following reasons, unless there is a bona fide business reason to reject it:

  • The employee’s serious health condition;

  • Their responsibilities as a caregiver;

  • Their enrollment in a career-related educational or training program;

  • If a part-time employee requests the change because of their second job.

Employers could deny requests made for any other reason so long as they aren’t unlawful. In that case, the employer would be required to provide the employee the reason for the denial, including whether it was a bona fide business reason.

This bill requires employers to report time and split-shift pay, and give advance scheduling notice to retail, food service, cleaning employees, or workers designated by the Dept. of Labor except for those in executive, administrative, or professional capacities. Workers covered by collective bargaining agreements that govern scheduling practices would not be covered by this legislation.

It would be illegal for an employer to interfere with the ability of an employee to exercise their rights under this legislation, retaliate against them for exercising their rights, or interfere with inquiries into alleged violation of an individual’s rights.In the event of a violation of these provisions, administrative enforcement through the Dept. of Labor and civil remedies would be available.

The Dept. of Labor would be directed to give information and technical assistance to employers, labor organizations, and the general public to aid understanding of this legislation’s requirements.

Argument in favor

Working families need to have flexibility in their work schedules when they have medical emergencies, or to accommodate their educational aspirations or their second job. Employers won't honor those requests unless the government forces them to.

Argument opposed

This legislation would be extremely intrusive for business owners and require them to accommodate employee’s scheduling request unless they can show a good reason not to. It may cause employers to reduce the number of workers they have.

Impact

Workers and their families, employers, and the Dept. of Labor.

Cost of S. 1386

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Elizabeth Warren (D-MA) believes that her bill would make the workforce a fairer place for families: 

“A single mom should know if her hours are being canceled before she arranges for daycare and drives halfway across town to show up at work… It’s time to end unfair scheduling practices that hurt workers and families.”

The bill has its detractors though, and was called “extraordinarily intrusive in how it would direct employers to run their operations.” Also, the support that labor unions showed this legislation during a previous session of Congress was called hypocritical — as most of their members wouldn’t be covered by the bill’s provisions.

Currently there are 22 senators who have signed on as cosponsors to this legislation, all of whom caucus as Democrats.


Media:

Summary by Eric Revell
(Photo Credit: Flickr user whatsthatpicture)