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General Assembly Committee Bill No. 6924
January Session, 2019
LCO No. 6097
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT LIMITING "ON-CALL" SHIFT SCHEDULING.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2019) (a) For the purposes of 1
this section: 2
(1) "Employee" means any person (A) paid on an hourly basis, (B) 3
not exempt from the minimum wage and overtime compensation 4
requirements of the Fair Labor Standards Act of 1938 and the 5
regulations promulgated thereunder, as amended from time to time, 6
and (C) suffered or permitted to work by an employer in: 7
(i) Any occupation in the mercantile trade, meaning the trade of 8
wholesale or retail selling of groceries or commodities and any 9
operation supplemental or incidental thereto, including, but not 10
limited to, buying, delivery, maintenance, office, stock and clerical 11
work, except repair and service employees having the major portion of 12
their duties unrelated to the mercantile trade; 13
(ii) A restaurant occupation, including any person engaged in the 14
preparation and serving of food for human consumption or in any 15 Committee Bill No. 6924
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operation incidental or supplemental thereto, whether the food is 16
served at or away from the point of preparation, or whether the 17
preparation and serving of food is the sole business of the employing 18
establishment or enterprise, but does not include the preparation and 19
serving of food in a nonprofit educational, charitable or religious 20
organization where the food service is not regularly available to the 21
general public, or the preparation and serving of food in hospitals, 22
convalescent homes or homes for the elderly where the food service is 23
not regularly available to the general public and is incidental to the 24
care of the patient. Restaurant occupation includes, but is not limited 25
to, employees of restaurants, cafeterias, that portion of hotel business 26
involving the preparation and serving of food, commissaries, fast food 27
outlets, grills, coffee shops, luncheonettes, sandwich shops, tearooms, 28
nightclubs, cabarets, automats, caterers, frankfurter stands, operators 29
of food vending machines, and that portion of a business involving the 30
serving of food in department stores, drugstores, candy stores, 31
bakeries, pizzerias, delicatessens, places of amusement and recreation, 32
commercial and industrial establishments and social, recreational, 33
fraternal and professional clubs which either regularly or 34
intermittently serve food; 35
(iii) An occupation within a hotel, motel or resort with one of the 36
following broad or detailed occupation code numbers and titles, as 37
defined by the federal Bureau of Labor Statistics Standar d 38
Occupational Classification system or any successor system: 35-3010 39
Bartenders; 35-9020 Dishwashers; 35-9030 Hosts and Hostesses, 40
Restaurant, Lounge and Coffee Shop; 37-2010 Building Cleaning 41
Workers; 37-3010 Grounds Maintenance Workers; 39-3030 Ushers, 42
Lobby Attendants and Ticket Takers; 39-6010 Baggage Porters, 43
Bellhops and Concierges; 43-4080 Hotel, Motel and Resort Desk Clerks; 44
43-4170 Receptionists and Information Clerks; or 45
(iv) An occupation within a nursing or residential care facility 46
defined by the federal Bureau of Labor Statistics Standard 47
Occupational Classification system or any successor system: 31-1130 48 Committee Bill No. 6924
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Nursing Assistants, Orderlies, and Psychiatric Aides; 49
(2) "Employer" means an employer, as defined in section 31-71a of 50
the general statutes, including, but not limited to, a franchisee, as 51
defined in section 42-133e of the general statutes, who employs not less 52
than twenty-five employees aggregated across all locations operated 53
by such employer; 54
(3) "Regular rate" has the same meaning as provided in section 31-55
76b of the general statutes; 56
(4) "Scheduled work hours" means the hours an employee is 57
scheduled to work pursuant to a work schedule; 58
(5) "Shift" means the consecutive hours an employer schedules an 59
employee to work, or to be available to report to work at the request or 60
permission of the employer, except that a break of not more than one 61
hour shall not be considered an interruption of consecutive hours; and 62
(6) "Work schedule" means a written notice of an employee's regular 63
and on-call hours during a consecutive seven-day period. 64
(b) An employer shall pay an employee one-half of the employee's 65
regular rate for any scheduled work hours the employee does not 66
work due to the employer cancelling or reducing the employee's 67
scheduled work hours: 68
(1) After the employee reports to work such scheduled work hours, 69
or 70
(2) Less than seventy-two hours prior to the commencement of such 71
scheduled work hours. 72
(c) An employer shall not owe an employee pay pursuant to 73
subsection (b) of this section if the employee's scheduled work hours 74
are canceled or reduced due to: 75
(1) The employee's written request, including, but not limited to, a 76 Committee Bill No. 6924
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request to use sick leave, vacation leave or other leave pursuant to 77
employer policy; 78
(2) A mutually agreed upon shift trade or coverage arrangement 79
between employees, subject to an existing employer policy regarding 80
such shift trade or coverage arrangement; or 81
(3) The inability of the employer's operations to begin or continue 82
due to (A) threats to the employer's employees or to the employer's 83
property, (B) the failure of a public utility or the shutdown of public 84
transportation, (C) fire, flood or other natural disaster, (D) a state of 85
emergency declared by the President of the United States or the 86
Governor of this state, or (E) severe weather conditions that pose a 87
threat to employee safety. 88
(d) (1) An employee may decline to work a shift that begins less 89
than eleven hours after the end of the employee's previous day's shift 90
or during the eleven-hour period following the end of the employee's 91
shift that spanned two days. 92
(2) If an employee consents to work a shift described in subdivision 93
(1) of this subsection, such consent shall be in writing. 94
(3) An employee who works a shift described in subdivision (1) of 95
this subsection shall be compensated at one and one-half times the 96
employee's regular rate of pay for any hours worked during such shift. 97
(e) Nothing in this section shall prohibit an employer from adopting 98
policies related to employee scheduling that are more beneficial to an 99
employee than those required by this section. 100
(f) Nothing in this section shall be construed to diminish the 101
obligation of an employer to comply with any contract, collective 102
bargaining agreement, employment benefit plan or other agreement, 103
provided such compliance by the employer is more beneficial to an 104
employee than complying with the provisions of this section. 105 Committee Bill No. 6924
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(g) Nothing in this section shall prohibit an employer from 106
scheduling an employee for a shift with less than seventy-two hours' 107
notice, provided such scheduling is mutually agreed upon, freely and 108
without coercion, in writing and on a case-by-case basis, by the 109
employee and employer. An employer shall not require an employee 110
to sign a prospective agreement prior to or at any time during the 111
employee's employment. 112
(h) Each employer subject to the provisions of this section, unless 113
exempted by regulations adopted by the Labor Commissioner 114
pursuant to subsection (i) of this section, shall keep a true and accurate 115
record for not less than three years of: (1) The shifts worked each day 116
and each week by each employee, (2) each employee's work schedule, 117
and (3) any revisions to such work schedule. 118
(i) The Labor Commissioner may adopt regulations, in accordance 119
with the provisions of chapter 54 of the general statutes, to provide for 120
the implementation and enforcement of the provisions of this section. 121
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 New section
LAB Joint Favorable