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(a) Right to decline. Subject to the exceptions in subsection (d) of this section, a Covered Employee has the right to decline any previously unscheduled hours that the Employer adds to the Covered Employee's schedule, and for which the Covered Employee has been provided advance notice of less than 10 days before the first day of any new schedule from July 1, 2020, to June 30, 2022, and less than 14 days before the first day of any new schedule beginning July 1, 2022.
(b) Alterations. Subject to the exceptions in subsection (d) of this section, if an Employer alters a Covered Employee's Work Schedule after the deadline articulated in Section 6-110-040(b)(1), in addition to the regular rate of pay, the Covered Employee shall receive:
(1) One hour of Predictability Pay for each shift in which the Employer:
(A) adds hours of work.
(B) changes the date or time of a work shift with no loss of hours.
(C) with more than 24 hours' notice, cancels or subtracts hours from a regular or on-call shift.
(2) No less than 50 percent of the Covered Employee's regular rate of pay for any scheduled hours the Covered Employee does not work because the Employer, with less than 24 hours' notice subtracts hours from a regular or on-call shift or cancels a regular or on-call shift, including while the Covered Employee is working on a shift.
(c) The Employer shall amend the posted Work Schedule and transmit it to the Covered Employee in writing within 24 hours of a schedule change.
(d) Exceptions. The requirements of this section shall not apply in the following circumstances:
(1) A Work Schedule change because:
(A) of threats to Employers, Covered Employees, or property, or when civil authorities recommend that work not begin or continue;
(B) public utilities fail to supply electricity, water, or gas, or the sewer system fails to serve the location of work;
(C) of acts of nature (including, but not limited to, flood, earthquake, tornado, or blizzard);
(D) war, civil unrest, strikes, threats to public safety, or pandemics.
(2) A Work Schedule change that is the result of a mutually agreed upon shift trade or coverage arrangement between Covered Employees, subject to any existing Employer policy regarding required conditions for Covered Employees to exchange shifts.
(3) A Work Schedule change that is mutually agreed to by the Covered Employee and Employer and is confirmed in writing.
(4) A Covered Employee requests a shift change, that is confirmed in writing, including but not limited to use of sick leave, vacation leave, or other policies offered by the Employer.
(5) An Employer subtracts hours from a Work Schedule for disciplinary reasons for just cause, provided the Employer documents the incident leading to the Covered Employee's discipline in writing.
(6) A Banquet Event is scheduled or rescheduled under circumstances that are outside the Employer's control, the attendee counts increase by more than 20%, or a new banquet event is scheduled within 48 hours of the event occurring, after the Employer provides the posted Work Schedule.
(7) When, in Manufacturing, events outside of the control of the manufacturer result in a change in the need for Covered Employees, including, but not limited to, when a customer requests the manufacturer to delay production or there is a delay in the receipt of raw materials or component parts needed for production.
(8) With regard to Healthcare Employers, in (i) any declared national, State, or municipal disaster or other catastrophic event, or any implementation of an Employer's disaster plan, or incident causing a hospital to activate its Emergency Operations Plan, that will substantially affect or increase the need for healthcare services; (ii) any circumstance in which patient care needs require specialized skills through the completion of a procedure; or (iii) any unexpected substantial increase in demand for healthcare due to large public events, severe weather, violence, or other circumstances beyond the Employer's control.
(9) A Ticketed Event is cancelled, scheduled, rescheduled, postponed, delayed, increases in expected attendance by 20% or more, or increases in duration, due to circumstances that are outside the Employer's control. Additional hours due to a change in a Ticketed Event's duration that fall within this exemption will also be fully exempt from this section.
(10) When Covered Employees Self-schedule.
(Added Coun. J. 6-25-21, p. 32156, § 5)