Employees increasingly face just-in-time scheduling practices, including being given very little notice of their work schedules, being sent home early when work is slow without being paid for their scheduled shifts, and being assigned to call-in shifts or on-call shifts that require them to call their employer or wait to be called by their employer, often within two hours of their potential shift, to find out whether they will be required to report to work. In addition, many employees have very little ability to make adjustments to their work schedules without penalty. More than a third of parents say they have been “passed over” for a promotion, a raise, or a new job due to a need for a flexible work schedule. Among low-wage workers, about half report having little flexibility in the hours that they work.
There is a growing movement to improve workplace scheduling practices so that workers and their families can better plan their lives. In the past year, lawmakers have introduced legislation at the federal, state and local level to respond to these difficult scheduling practices. In 2014, San Francisco passed a Retail Workers’ Bill of Rights. The Ordinance provides scheduling protections for employees in certain types of jobs. Also in 2014, Michigan introduced a bill modeled after the federal scheduling legislation that was introduced earlier that same year, the Schedules That Work Act. And in 2015, California, Connecticut, Illinois, Indiana, Maine, Maryland, Massachusetts, Minnesota, New York and Oregon introduced bills to curb difficult scheduling practices. This fact sheet provides an overview of this recently enacted and proposed state and local legislation.