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Scheduling Rights Bill Introduced in California

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California may become the first state to require certain employers to provide employees with their schedules at least two weeks in advance and give workers additional pay for last-minute changes to their schedules.  The Fair Scheduling Act (AB 357) has been introduced in the State Assembly by freshman legislator David Chiu, who successfully pushed a similar bill through the San Francisco city council last year.  The bill would apply to food and retail establishments with 500 or more California employees.  Although the full text of the bill is not yet available, it could mirror the San Francisco ordinance that requires covered employers to:
  • Provide written notice to new employees of their expected number of shifts per month and the days and hours of those shifts;
  • Provide employees with at least two weeks' notice of their work schedules, including any on-call shifts;
  • Provide "predictability pay" for scheduling changes, cancellations; and
  • Provide equal treatment to part-time and full-time employees as to starting pay, time off and promotions.
Last year, former Rep. George Miller (D-CA) introduced the Schedules That Work Act (H.R. 5159) in Congress, which would grant employees and temporary workers a right to request schedule changes based on caregiving responsibilities, health conditions, education and training pursuits, or the ability to obtain and keep a second job, unless the employer has a bona fide reason for denying the change, and a similar bill is likely to be reintroduced this year.  New York, Minnesota, Michigan, Delaware, New York City, and Washington, D.C. have also considered similar measures.

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