Requirements for advance notice of work schedules, predictability pay, and split shift pay for covered sector employees

(a) Advance notice requirement (1) Providing notice of work schedules (A) In general An employer shall provide a covered sector employee with the work schedule of the employee— (i) not less than 14 days before the first day of such work schedule; or (ii) in the case of a new covered sector employee on or before the first day of work of such employee. (B) Compensation for failure to provide notice of work schedule An employer that violates subparagraph (A) shall compensate each affected employee in the amount of $75 per day that a work schedule is not provided in violation of such subparagraph. (C) Work schedule change An employer may make a work schedule change for the work schedule of a covered sector employee provided in accordance with subparagraph (A) if— (i) such work schedule change is made not less than 14 days prior to the first day on which the change is to take effect; or (ii) the employer provides predictability pay for such change in accordance with subsection (b). (D) Minimum expected work hours (i) In general An employer shall inform a covered sector employee of an estimate of the minimum number of expected work hours the employee will be assigned to work per month for the following 12-month period— (I) in the case of a new covered sector employee, on or before the first day of work of such employee; or (II) in the case of a covered sector employee who is employed by the employer on the date of enactment of this Act, not later than 90 days after such date. (ii) Updating minimum expected work hours An employer shall, not less than once each year, provide each covered sector employee an updated estimate of the minimum number of expected work hours the employee will be assigned to work per month for the following 12-month period. Such a revised estimate shall be provided not later than the earlier of (as applicable)— (I) 1 year after the date on which the estimate was provided under clause (i) or the most recent update of an estimate was provided under this clause; or (II) the day before the effective date of a significant change to the minimum expected work hours of the employee due to changes in the availability of the employee or to the business needs of the employer. (2) Notifications in writing The notifications required under subparagraphs (A) and (D) of paragraph (1) shall be made to the employee involved in writing. (3) Schedule posting requirement (A) In general An employer shall post a copy of the work schedule of each covered sector employee in a conspicuous place that is readily accessible and visible to all covered sector employees at the workplace. Posting by electronic means accessible to all covered sector employees shall be considered compliance with this subparagraph. At the request of an employee, the employer shall carry out the posting so that the identity of the employee is not readily identifiable from the schedules posted. (B) Right to decline A covered sector employee may decline, without penalty, to work any hours not included in the work schedule posted under subparagraph (A) as work hours for the covered sector employee. (C) Consent Except as described in subsection (b)(2), if a covered sector employee voluntarily consents to work any hours not posted under subparagraph (A), such consent must be recorded in writing. (4) Rule of construction Nothing in this subsection shall be construed to prohibit an employer from— (A) providing greater advance notice of the work schedule of a covered sector employee than is required under this subsection; or (B) using any means, in addition to the written means required under paragraph (2), of notifying a covered sector employee of the work schedule of the employee. (b) Predictability pay for work schedule changes made with less than 14 days' notice (1) In general Except as provided in paragraph (2), for each work schedule change provided to a covered sector employee that occurs less than 14 days prior to the first day on which the change is to take effect, the employer of the affected employee shall be required to provide the affected employee with pay (referred to in this subsection as predictability pay) at the following rates: (A) The covered sector employee’s regular rate of pay per hour that the employee works plus one additional hour at such regular rate per work schedule change if the employer— (i) adds any hours to the hours the employee is scheduled to work under subsection (a); or (ii) changes the date, time, or location of the work shift the employee is scheduled to work under subsection (a) with no loss of hours. (B) Not less than 1/2 times the covered sector employee’s regular rate of pay per hour for any hour that the employee is scheduled to work under subsection (a) and does not work due to the employer reducing or canceling such scheduled hours of work. (2) Exceptions to predictability pay An employer shall not be required to pay predictability pay under paragraph (1), or to obtain written consent pursuant to subsection (a)(3)(C), under any of the following circumstances: (A) A covered sector employee requests a shift change in writing, including through the use of sick leave, vacation leave, or any other leave policy offered by the employer. (B) A schedule change is the result of a mutually agreed upon shift trade or coverage arrangement between covered sector employees, subject to any policy of the employer regarding required conditions for employees to exchange shifts. (C) The employer’s operations cannot begin or continue due to— (i) a threat to the property of an employee or the employer; (ii) the failure of a public utility or the shutdown of public transportation; (iii) a fire, flood, or other natural disaster; (iv) a state of emergency declared by the President of the United States or by the governor of the State, or the mayor of the city, in which the operations are located; or (v) a severe weather condition that poses a threat to employee safety. (c) Split shift pay requirement An employer shall pay a covered sector employee for 1 additional hour at the employee’s regular rate of pay for each day during which the employee works a split shift. (d) Pay stub transparency Any pay provided to an employee pursuant to subsection (a), (b), or (c) (referred to in this subsection as additional pay) shall be included in the employee's regular paycheck. The employer shall identify, in the corresponding written wage statement or pay stub, the total number of hours of additional pay provided for the pay period involved and whether the additional pay was due to the requirements of subsection (a), the requirements of subsection (b), or the requirements of subsection (c).