The Crisis of Scheduling
Across the country, there is a scheduling crisis going on. Retail, food service, and hospitality workers are notified too late of their schedules, forced to work on call and clopening shifts, and have their time outside of work disrespected by their employers again and again.
Selected Testimony From Hearings
Restaurant Worker 1 , Western, MA
Restaurant Worker 2, Western, MA
Yessenia Prodrero, Retail and Organizer
Michelle Wu, Boston City Council
Center for Popular Democracy Fact Sheet (pdf)
What is the bill trying to do?
The Fair Workweek bill aims to give workers more control over their lives.
It does this by:
requiring advance notice of schedules
trying to eliminate on-call shifts
eliminating forced clopening shifts
allowing employees to rest between shifts
requiring that employers offer new shifts to existing employees
allowing employees to collect unemployment benefits if their employer’s failure to comply with the bill results in the employee leaving the job
Section 1: Right to Advance Notice
When hiring a new employee, an employer will give them an approximate schedule (how many hours they’ll be working and when those hours will be)
If the employer needs to change this approximate schedule, they will provide the employee with a new approximate schedule in writing
Employees can request shifts, more or fewer hours, or to work or not work on-call shifts
Employers must provide employees with their schedule at least 14 days before the first date of the schedule
Section 2: Right to Compensation for Changed Schedules
Employers must pay predictability pay to employees if the details of their shift are changed after the 14 day period ends
This includes time, location, adding hours
Employers must pay half wages to employees when employers subtract hours from or cancel shifts after the 14 day period ends
Section 3: Right to Rest Between Shifts
Employees may refuse to work two shifts that happen within 11 hours of each other without penalty from their employer
If an employee does work two shifts within 11 hours of each other, they shall be paid time and a half for the second shift
Section 4: Right to Offer of New Work
Employers shall offer current employees new shifts before hiring new employees to fill the shifts
The offer for new shifts must be posted in a conspicuous place in the workplace for at least 72 hours, unless a shorter period of time is required to fill the shift
Section 5: Right to Unemployment Benefits
If an employee leaves a job because their employer was not complying with the Fair Workweek Bill, that employee shall be allowed to collect unemployment benefits until they find a new job.
Who does the bill apply to?
The bill applies to food service, hospitality, and retail workers
Any employer within those industries with 50 or more employees worldwide is covered under the bill
Why is this bill important?
The bill allows covered employees more stability in their lives
Workers can make childcare arrangements more easily
They can coordinate schedules with second and third jobs if they have them
Workers will no longer be forced to work clopening shifts
People who used to have work two or three jobs to support themselves may be able to get enough shifts at a single job to only need one job
This bill will mandate that employers respect their employees’ time and life outside of work