Loading...
(a) Initial estimate of work schedule.
(1) Prior to or on commencement of employment, an Employer shall provide every Covered Employee with a good faith estimate in writing of the Covered Employee's projected days and hours of work for the first ninety days of employment, including:
(A) The average number of weekly work hours the Covered Employee can expect to work each week;
(B) Whether the Covered Employee can expect to work any on-call shifts;
(C) A subset of days and a subset of times or shifts that the Covered Employee can expect to work, or days of the week and times or shifts on which the Covered Employee will not be scheduled to work. The good faith estimate is not a contractual offer binding the Employer, but an estimate made without a good faith basis is a violation of this section.
(2) Prior to or on commencement of employment, the Covered Employee may request that the Employer modify the projected days and hours of work provided under subsection (a)(1) of this section. The Employer shall consider any such request, and in its sole discretion may accept or reject the request, provided that the Employer shall notify the Covered Employee of Employer's determination in writing within three days of the request.
(b) Advance notice of work schedule.
(1) An Employer shall provide its Covered Employees with written notice of work hours by posting the Work Schedule no later than 10 days before the first day of any new schedule from July 1, 2020, to June 30, 2022, and shall post the Work Schedule no later than 14 days before the first day of any new Work Schedule beginning July 1, 2022, by posting the Work Schedule within the unit or department or workgroup either in a conspicuous place at the workplace that is readily accessible and visible to all Covered Employees or using the usual methods of communication, or both. The written Work Schedule shall include the shifts and on-call status of all current Covered Employees at that worksite. Additionally, upon written request of a Covered Employee, an Employer shall transmit the Work Schedule by electronic means.
(2) An Employer may change a Covered Employee's Work Schedule after it is posted and/or transmitted, up to the deadline articulated in subsection (b)(1) without penalty. After that deadline, such changes shall be subject to the notice and compensation requirements set forth in this chapter.
(3) Covered Employees who Self-schedule or work in a venue that regularly hosts Ticketed Events shall not be bound by this subsection (b), nor shall their Employers to the extent that the Covered Employee Self-schedules or works in a venue that regularly hosts Ticketed Events.
(4) A Covered Employee who is a victim of Domestic Violence or Sexual Violence or who has a family or household member who is a victim may request that the Covered Employee's Work Schedule not be posted or transmitted to other employees. An oral or written request shall be sufficient and implemented immediately and is sufficient until the Covered Employee gives written permission to post the Covered Employee's schedule. An Employer may request a written statement from the Covered Employee that states that the Covered Employee is, or has a family or household member who is, a victim of Domestic Violence or Sexual Violence. The written statement shall constitute the documentation needed for the Employer to implement the request. The Employer may not require a written statement more than once in a calendar year from any Covered Employee for this purpose.
(Added Coun. J. 6-25-21, p. 32156, § 5)
(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)
(a) Subject to the limitations in this chapter, when an Employer needs to fill additional shifts of work, the Employer shall first offer additional shifts of work to existing Covered Employees if the Covered Employees are qualified to do the additional work, as determined by the Employer. If offered shifts are not accepted by Covered Employees, the shifts shall be offered to temporary or seasonal workers who have worked on behalf of the Employer for two or more weeks.
(b) An Employer shall distribute additional shifts in compliance with subsection (a), provided that:
(1) the Employer's system for distribution of hours must not discriminate on the basis of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity or expression, disability, age, or marital or familial status;
(2) whenever practicable, the Employer shall first offer those hours to part-time Covered Employees.
(c) This section shall not be construed to require any employer to schedule employees to work hours required to be paid at a premium rate.
(Added Coun. J. 6-25-21, p. 32156, § 5)
(a) A Covered Employee has the right to decline Work Schedule hours that are less than 10 hours after the end of the previous day's shift.
(b) When a Covered Employee works a shift that begins less than 10 hours after the end of the previous day's shift, the Employer shall pay the Covered Employee at a rate of 1.25 times the Covered Employee's regular rate of pay for that shift.
(Added Coun. J. 6-25-21, p. 32156, § 5)
A Covered Employee has the right to request a modified Work Schedule, including, but not limited, to additional shifts or hours; changes in days of work; changes in shift start and end times; permission to exchange shifts with other employees; limitations on availability; part-time employment; job sharing arrangements; reduction or change in work duties; or part-year employment.
(Added Coun. J. 6-25-21, p. 32156, § 5)
(a) Every Employer shall post in a conspicuous place in each facility where any Covered Employee works that is located within the geographic boundaries of the City a notice advising the Covered Employees of their rights under this chapter. The Commissioner shall prepare and make available a form notice that satisfies the requirements of this subsection (a).
(b) Every Employer shall provide with the first paycheck subject to this chapter a notice advising the Covered Employee of their rights under this chapter. The Commissioner shall prepare and make available a form notice that satisfies the requirements of this subsection (b).
(c) All notices and postings that name individual Covered Employees shall comply with Section 6-110-040.
(Added Coun. J. 6-25-21, p. 32156, § 5)
(a) It shall be unlawful for any Employer to discriminate in any manner or take any adverse action against any Covered Employee in retaliation for exercising any right under this chapter, including, but not limited to, disclosing, reporting, or testifying about any violation of this chapter or rules promulgated thereunder. For purposes of this section, prohibited adverse actions include, but are not limited to, termination, denial of promotion, negative evaluations, punitive schedule changes, punitive decreases in the desirability of work assignments, and other acts of harassment shown to be linked to such exercise of rights.
(b) A violation of this section shall subject the Employer to a $1,000.00 fine.
(Added Coun. J. 6-25-21, p. 32156, § 5)
It shall be unlawful for an Employer to engage in any of the following to avoid coverage under this chapter: (i) change a regular rate of pay, (ii) interfere with, restrain, deny, or change scheduled work days or hours, or (iii) hire, rehire, terminate, or suspend, even temporarily.
(Added Coun. J. 6-25-21, p. 32156, § 5)
Loading...