An employer shall provide any part-time employee with a good faith estimate via email or text message as well as in writing of the employees expected minimum number of scheduled shifts and the days and hours of those shifts. This estimate shall include on-call shifts, where "on-call" means any work shift for which an employee must work on less than forty-eight (48) hours notice. The estimate shall not constitute a contractual offer and the employer shall not be bound by the estimate.
An employer shall provide its part-time employees who request it with at least two weeks' notice of their work schedules by doing either one of the following at least every fourteen (14) days: posting the work schedule in a conspicuous place at the workplace that is readily accessible and visible to the requesting employees; or transmitting the work schedule by email or text, so long as the requesting employees are given access to the electronic schedule at the workplace.
For part-time employees who request it, an employer shall provide the employee on his or her first day of employment with an initial work schedule that runs through the date that the next biweekly schedule for existing employees is scheduled to be posted or distributed. For all requesting employees, the work schedule shall include any on-call shifts, where applicable.
An employer my not require a part-time employee to be on-call, except for one mutually agreed-to shift per week. Either party may cancel that shift without repercussion or penalty as long as the cancellation occurs at least (48) forty-eight hours before the on-call shift is to start.
An employer shall provide a part-time employee notice of any change to the employee's schedule that has been posted or transmitted pursuant to this section. The employer shall provide such notice by email or text message as well as in writing. This notice requirement shall not apply to any schedule changes requested by the employee, such as employee-requested sick leave, time off, shift trades, or additional shifts.
The requirements of this section shall not apply under any of the following circumstances.
1. When operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue;
2. When operations cannot begin or continue because public utilities fail to supply electricity, water, or gas, or there is a failure in a public utility or sewer system; or
3. When operations cannot begin or continue due to an act of God or other cause not within the employer's control.
Nothing in this section shall be construed to prohibit an employer from providing greater advance notice of part-time employees' work schedules and/ or changes in schedules than that required by this section. (Enacted November 8, 2016.)