H.R. 6786 — Schedules That Work Act

This section designates the Act as the "Schedules That Work Act" and states congressional findings on unstable and unpredictable work schedules, including their prevalence among low-wage workers in industries such as retail, food service, cleaning, hospitality, and warehousing; disproportionate impacts on women, mothers, and workers of color; and adverse effects on family care, health, economic stability, child outcomes, and worker retention.

This section establishes definitions for purposes of the Act, including (1) bona fide business reason (e.g., additional costs, productivity loss, or inability to meet organizational needs); (2) career-related educational or training program (e.g., programs leading to postsecondary credentials under specified workforce laws); (3) caregiver (significant provider of ongoing care to a child or family member with a serious health condition or a parent age 65 or older); (4) child (broadly, including biological, adopted, foster, stepchild, or legal ward regardless of age); (5) covered employer (generally, persons engaged in commerce employing 15 or more employees for at least 20 weeks in the current or preceding year, including congressional employing offices); (6) covered sector employee (nonexempt employees in hospitality, warehouse, or specified retail sales, food service, or cleaning occupations); (7) domestic partner (as recognized under state or local law); and (8) employ (as under the Fair Labor Standards Act).

This section establishes a right for employees to request changes in employment terms related to (1) required work or on-call hours, (2) work or on-call timing, (3) work location, (4) advance notice of schedule assignments, or (5) minimizing fluctuations in scheduled hours on a daily, weekly, or monthly basis. It requires employers to engage in a timely, good-faith interactive process with the employee, resulting in either granting or denying the request (with stated reasons and consideration of alternatives if denied). For requests due to the employee's serious health condition, caregiving responsibilities, enrollment in a career-related educational or training program, or another job, employers must grant the request unless a bona fide business reason exists. For other requests, employers may deny for any lawful reason.

This section establishes requirements for employers to provide covered sector employees with written work schedules at least 14 days before the first day of the schedule (or on the first day for new hires), including an estimate of minimum expected monthly work hours over the following 12-month period (initially within 90 days of enactment for current employees and updated at least annually or before significant changes); post schedules conspicuously (electronically permitted); allow employees to decline unposted hours without penalty; and record in writing any voluntary consent to work additional hours. The section further requires predictability pay for schedule changes made less than 14 days in advance, at rates of (1) the employee's regular hourly rate plus one additional hour at that rate for added hours or changes to date, time, or location with no hour loss, or (2) at least half the regular rate for each canceled or reduced scheduled hour; with exceptions for employee-requested changes, mutual shift trades, or certain emergencies (e.g., natural disasters, states of emergency). The section also imposes a split shift pay requirement on employers.

This section establishes a right for employees of covered employers to decline, without penalty, any work shift or on-call shift scheduled (1) less than 11 hours after the end of the previous day's shift or (2) during the 11 hours following a shift that spanned two days. Employees may provide written consent to work such shifts, which may be revoked in writing at any time. Covered employers must pay employees 1.5 times their scheduled rate for hours worked less than 11 hours apart from the previous shift.

This section prohibits (1) employer interference with, restraint of, or denial of employee rights under §§3, 4, or 5; (2) employer retaliation against employees for exercising rights under the Act, opposing unlawful practices, requesting work schedule changes under §3, or perceived eligibility for such changes based on reasons in §3(c); and (3) discrimination by any person against individuals who file charges, provide information, or testify in proceedings related to rights under the Act.

This section establishes remedies and enforcement mechanisms for violations of the Act. Specifically, it (1) grants the Secretary of Labor investigative authority, recordkeeping requirements, and subpoena powers modeled on the Fair Labor Standards Act (FLSA; 29 U.S.C. 211(a) and 209), while limiting routine record submissions to once per 12-month period absent reasonable cause; (2) authorizes affected employees to bring civil actions in federal or state court for damages (i.e., lost wages, benefits, or other compensation; actual monetary losses; interest; and liquidated damages equal to damages plus interest, subject to a good faith exception), equitable relief, attorney’s fees, and costs, including collective actions that terminate upon certain Secretary filings; and (3) directs the Secretary to handle complaints administratively (as under FLSA sections 6 and 7; 29 U.S.C. 206 and 207), with administrative law judge review and civil penalties of $500–$1,000 per willful and repeated violation of sections 4 or 5 or $1,100–$5,000 per such violation of section 6(b) or (c) ("willfully and repeatedly" defined as knowing the conduct was prohibited or showing reckless disregard, with "repeatedly" meaning two or more violations).

This section requires each employer to post and keep posted, in conspicuous places, a notice prepared or approved by the Secretary (or applicable officer under section 7(e)) setting forth excerpts from, or summaries of, pertinent provisions of the Act and information on filing complaints under the Act. It authorizes a civil money penalty of up to $100 for each willful violation.

This section requires the Secretary of Labor, the Board of Directors of the Office of Congressional Workplace Rights, the President, the Office of Personnel Management, and the Librarian of Congress to issue regulations implementing the Act within 180 days of enactment as follows: (1) Secretary of Labor.—Issues regulations necessary to implement the Act generally (except as provided for other entities), including a process to designate additional occupations beyond retail, food service, cleaning, hospitality, or warehouse for coverage under sec. 4 based on criteria such as at least 10% of workers in the occupation receiving work schedules less than 14 days in advance or experiencing fluctuations in scheduled hours, or as otherwise appropriate; specifies data review process using stakeholder and Department inputs. (2) Board.—Issues regulations for legislative branch covered employees (sec. 2(10)(C)) using procedures under the Congressional Accountability Act of 1995 (2 U.S.C. 1384); considers Family and Medical Leave Act enforcement provisions under that Act; mirrors Secretary's substantive regulations except for good-cause modifications to enhance effectiveness. (3) President.—Issues regulations for employees described in sec. 2(10)(D), considering Family and Medical Leave Act enforcement under 3 U.S.C. ch. 5; mirrors Secretary's except for good-cause modifications. (4) Office of Personnel Management.—Issues regulations for employees described in sec. 2(10)(E), considering enforcement under 5 U.S.C. ch. 63 subch. V; mirrors Secretary's except for good-cause modifications. (5) Librarian of Congress.—Issues regulations for Library of Congress employees, considering Family and Medical Leave Act title I enforcement provisions; mirrors Secretary's except for good-cause modifications.

This section requires the Secretary of Labor to provide information and technical assistance to employers, labor organizations, and the general public on compliance with the Act. It directs the Secretary, acting through the Wage and Hour Division, to issue guidance on compliance regarding provision of a flexible, predictable, or stable work environment through changes in employment terms and conditions, as specified in section 3(a); and to carry out a continuing program of research, education, and technical assistance that includes (1) conducting and evaluating pilot programs implementing fairer work schedules (e.g., cross-training, 3 weeks or more advance notice, minimum hours of work, and electronic workforce management systems); (2) publishing studies and materials on fair work scheduling policies to promote compliance; (3) sponsoring state and community informational programs; and (4) providing technical assistance to employers, labor organizations, and other interested parties. It further requires the Secretary, acting through the Commissioner of the Bureau of Labor Statistics and the Director of the Bureau of the Census, to include in the Current Population Survey questions on work schedule fluctuations, advance notice, employee input, and preferred versus actual hours worked; and to update and conduct at regular intervals the Contingent Worker Supplement, Work Schedules and Work at Home Supplement, and other relevant supplements to the Current Population Survey and American Time Use Survey.

This section specifies that the Act establishes minimum requirements for employee rights and does not preempt, limit, or otherwise affect any other law, requirement, policy, or standard providing greater rights to employees.

This section exempts from the Act employees covered by a valid collective bargaining agreement if (1) the agreement includes terms that govern work scheduling practices and (2) the agreement expressly waives the Act's provisions.

This section provides that nothing in the Act supersedes or conflicts with any federal, state, or local law (including the Americans with Disabilities Act, Family and Medical Leave Act, National Labor Relations Act, Fair Labor Standards Act, and title VII of the Civil Rights Act of 1964) or diminishes employee rights under any valid collective bargaining agreement.