a. A fast food employer shall have scheduling practices that provide each fast food employee with a regular schedule that is a predictable, regular set of recurring weekly shifts the employee will work each week. No later than when a new fast food employee receives such employee's first work schedule, a fast food employer shall provide such employee with a written copy of their regular schedule including the number of hours a fast food employee can expect to work per week for the duration of the employee's employment and the expected days, times and locations of those hours. A fast food employer shall comply with sections 20-1241 and subdivision h of section 20-1272 before adding shifts to the regular schedule of a new or current fast food employee. If a long-term or indefinite change is made to the regular schedule, the fast food employer shall provide an updated copy of the regular schedule in writing to the affected employee as soon as possible and before such employee receives the first work schedule following the change. A fast food employer may not reduce the total hours in a fast food employee's regular schedule by more than 15% from the highest total hours contained in such employee's regular schedule at any time within the previous 12 months, unless the employee has previously consented to or requested such reduction in writing, or the reduction was consistent with the restrictions on discharges pursuant to subchapter 7 of this title.
b. A fast food employer shall provide a fast food employee with written notice of a work schedule containing regular shifts and on-call shifts on or before the employee's first day of work. For all subsequent work schedules, the fast food employer shall provide such notice no later than 14 days before the first day of any new schedule. Such work schedule shall span a period of no less than seven days and contain all anticipated regular shifts and on-call shifts that the employee will work or will be required to be available to work during the work schedule. The regular shifts and on-call shifts in any work schedule shall not vary by more than 15% from the shifts on the employee's regular schedule, unless the employee consented to or requested such changes in writing, or the change was consistent with the restrictions on discharges pursuant to subchapter 7 of this title.
c. A fast food employer shall:
1. Provide fast food employees with written notice of the work schedule as required by subdivision b of this section by (i) posting the schedule in a conspicuous place at the workplace that is readily accessible and visible to all employees and (ii) transmitting the work schedule to each fast food employee, including by electronic means, if such means are regularly used to communicate scheduling information. The department may by rule establish requirements or exceptions necessary to ensure the privacy and safety of employees in connection with such posting and transmittal;
2. Update such schedule within 24 hours of the employer's knowledge of a change or as soon as practicable if the change is effective within 24 hours, provide the revised written schedule to the affected employees and re-post the schedule in accordance with paragraph one of this subdivision; and
3. Upon request by any fast food employee, and in accordance with the rules of the department, provide such employee with (i) such employee's work schedule in writing for any previous week worked for the past three years and (ii) the most current version of work schedules of all fast food employees who work at the same fast food establishment as the requesting employee, whether or not changes to the work schedule have been posted.
d. A fast food employee may decline to work or be available to work additional hours not included in the initial written work schedule provided pursuant to subdivision b of this section. When a fast food employee consents to work or be available to work such hours, the employee's written consent must be obtained, which consent may be transmitted electronically or otherwise at or before the start of the shift.
(L.L. 2017/107, 5/30/2017, eff. 11/26/2017; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020; Am. L.L. 2021/002, 1/5/2021, eff. 7/4/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080 and L.L. 2021/002.