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Connecticut House Bill HB06924

Connecticut 2019 Regular Session

Connecticut House Bill HB06924 Compare Versions

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75 General Assembly Committee Bill No. 6924
86 January Session, 2019
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1210 Referred to Committee on LABOR AND PUBLIC EMPLOYEES
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1513 Introduced by:
1614 (LAB)
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2018 AN ACT LIMITING "ON-CALL" SHIFT SCHEDULING.
2119 Be it enacted by the Senate and House of Representatives in General
2220 Assembly convened:
2321
2422 Section 1. (NEW) (Effective October 1, 2019) (a) For the purposes of 1
25-this section: 2
26-(1) "Employee" means any person (A) paid on an hourly basis, (B) 3
27-not exempt from the minimum wage and overtime compensation 4
28-requirements of the Fair Labor Standards Act of 1938 and the 5
29-regulations promulgated thereunder, as amended from time to time, 6
30-and (C) suffered or permitted to work by an employer in: 7
31-(i) Any occupation in the mercantile trade, meaning the trade of 8
32-wholesale or retail selling of groceries or commodities and any 9
33-operation supplemental or incidental thereto, including, but not 10
34-limited to, buying, delivery, maintenance, office, stock and clerical 11
35-work, except repair and service employees having the major portion of 12
36-their duties unrelated to the mercantile trade; 13
37-(ii) A restaurant occupation, including any person engaged in the 14
38-preparation and serving of food for human consumption or in any 15 Committee Bill No. 6924
23+this section: (1) "Employee" means any person (A) paid on an hourly 2
24+basis, (B) not exempt from the minimum wage and overtime 3
25+compensation requirements of the Fair Labor Standards Act of 1938 4
26+and the regulations promulgated thereunder, as amended from time to 5
27+time, and (C) suffered or permitted to work by an employer in: 6
28+(i) Any occupation in the mercantile trade, meaning the trade of 7
29+wholesale or retail selling of groceries or commodities and any 8
30+operation supplemental or incidental thereto, including, but not 9
31+limited to, buying, delivery, maintenance, office, stock and clerical 10
32+work, except repair and service employees having the major portion of 11
33+their duties unrelated to the mercantile trade; 12
34+(ii) A restaurant occupation, including any person engaged in the 13
35+preparation and serving of food for human consumption or in any 14
36+operation incidental or supplemental thereto, whether the food is 15
37+served at or away from the point of preparation, or whether the 16
38+Committee Bill No. 6924
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45-operation incidental or supplemental thereto, whether the food is 16
46-served at or away from the point of preparation, or whether the 17
47-preparation and serving of food is the sole business of the employing 18
48-establishment or enterprise, but does not include the preparation and 19
49-serving of food in a nonprofit educational, charitable or religious 20
50-organization where the food service is not regularly available to the 21
51-general public, or the preparation and serving of food in hospitals, 22
52-convalescent homes or homes for the elderly where the food service is 23
53-not regularly available to the general public and is incidental to the 24
54-care of the patient. Restaurant occupation includes, but is not limited 25
55-to, employees of restaurants, cafeterias, that portion of hotel business 26
56-involving the preparation and serving of food, commissaries, fast food 27
57-outlets, grills, coffee shops, luncheonettes, sandwich shops, tearooms, 28
58-nightclubs, cabarets, automats, caterers, frankfurter stands, operators 29
59-of food vending machines, and that portion of a business involving the 30
60-serving of food in department stores, drugstores, candy stores, 31
61-bakeries, pizzerias, delicatessens, places of amusement and recreation, 32
62-commercial and industrial establishments and social, recreational, 33
63-fraternal and professional clubs which either regularly or 34
64-intermittently serve food; 35
65-(iii) An occupation within a hotel, motel or resort with one of the 36
66-following broad or detailed occupation code numbers and titles, as 37
67-defined by the federal Bureau of Labor Statistics Standar d 38
68-Occupational Classification system or any successor system: 35-3010 39
69-Bartenders; 35-9020 Dishwashers; 35-9030 Hosts and Hostesses, 40
70-Restaurant, Lounge and Coffee Shop; 37-2010 Building Cleaning 41
71-Workers; 37-3010 Grounds Maintenance Workers; 39-3030 Ushers, 42
72-Lobby Attendants and Ticket Takers; 39-6010 Baggage Porters, 43
73-Bellhops and Concierges; 43-4080 Hotel, Motel and Resort Desk Clerks; 44
74-43-4170 Receptionists and Information Clerks; or 45
75-(iv) An occupation within a nursing or residential care facility 46
76-defined by the federal Bureau of Labor Statistics Standard 47
77-Occupational Classification system or any successor system: 31-1130 48 Committee Bill No. 6924
43+preparation and serving of food is the sole business of the employing 17
44+establishment or enterprise, but does not include the preparation and 18
45+serving of food in a nonprofit educational, charitable or religious 19
46+organization where the food service is not regularly available to the 20
47+general public, or the preparation and serving of food in hospitals, 21
48+convalescent homes or homes for the elderly where the food service is 22
49+not regularly available to the general public and is incidental to the 23
50+care of the patient. Restaurant occupation includes, but is not limited 24
51+to, employees of restaurants, cafeterias, that portion of hotel business 25
52+involving the preparation and serving of food, commissaries, fast food 26
53+outlets, grills, coffee shops, luncheonettes, sandwich shops, tearooms, 27
54+nightclubs, cabarets, automats, caterers, frankfurter stands, operators 28
55+of food vending machines, and that portion of a business involving the 29
56+serving of food in department stores, drugstores, candy stores, 30
57+bakeries, pizzerias, delicatessens, places of amusement and recreation, 31
58+commercial and industrial establishments and social, recreational, 32
59+fraternal and professional clubs which either regularly or 33
60+intermittently serve food; 34
61+(iii) An occupation within a hotel, motel or resort with one of the 35
62+following broad or detailed occupation code numbers and titles, as 36
63+defined by the federal Bureau of Labor Statistics Standard 37
64+Occupational Classification system or any successor system: 35-3010 38
65+Bartenders; 35-9020 Dishwashers; 35-9030 Hosts and Hostesses, 39
66+Restaurant, Lounge and Coffee Shop; 37-2010 Building Cleaning 40
67+Workers; 37-3010 Grounds Maintenance Workers; 39-3030 Ushers, 41
68+Lobby Attendants and Ticket Takers; 39-6010 Baggage Porters, 42
69+Bellhops and Concierges; 43-4080 Hotel, Motel and Resort Desk Clerks; 43
70+43-4170 Receptionists and Information Clerks; or 44
71+(iv) An occupation within a nursing or residential care facility 45
72+defined by the federal Bureau of Labor Statistics Standard 46
73+Occupational Classification system or any successor system: 31-1130 47
74+Nursing Assistants, Orderlies, and Psychiatric Aides; 48
75+Committee Bill No. 6924
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84-Nursing Assistants, Orderlies, and Psychiatric Aides; 49
85-(2) "Employer" means an employer, as defined in section 31-71a of 50
86-the general statutes, including, but not limited to, a franchisee, as 51
87-defined in section 42-133e of the general statutes, who employs not less 52
88-than twenty-five employees aggregated across all locations operated 53
89-by such employer; 54
90-(3) "Regular rate" has the same meaning as provided in section 31-55
91-76b of the general statutes; 56
92-(4) "Scheduled work hours" means the hours an employee is 57
93-scheduled to work pursuant to a work schedule; 58
94-(5) "Shift" means the consecutive hours an employer schedules an 59
95-employee to work, or to be available to report to work at the request or 60
96-permission of the employer, except that a break of not more than one 61
97-hour shall not be considered an interruption of consecutive hours; and 62
98-(6) "Work schedule" means a written notice of an employee's regular 63
99-and on-call hours during a consecutive seven-day period. 64
100-(b) An employer shall pay an employee one-half of the employee's 65
101-regular rate for any scheduled work hours the employee does not 66
102-work due to the employer cancelling or reducing the employee's 67
103-scheduled work hours: 68
104-(1) After the employee reports to work such scheduled work hours, 69
105-or 70
106-(2) Less than seventy-two hours prior to the commencement of such 71
107-scheduled work hours. 72
108-(c) An employer shall not owe an employee pay pursuant to 73
109-subsection (b) of this section if the employee's scheduled work hours 74
110-are canceled or reduced due to: 75
111-(1) The employee's written request, including, but not limited to, a 76 Committee Bill No. 6924
80+(2) "Employer" means an employer, as defined in section 31-71a of 49
81+the general statutes, including, but not limited to, a franchisee, as 50
82+defined in section 42-133e of the general statutes, who employs not less 51
83+than twenty-five employees aggregated across all locations operated 52
84+by such employer; 53
85+(3) "Regular rate" has the same meaning as provided in section 31-54
86+76b of the general statutes; 55
87+(4) "Scheduled work hours" means the hours an employee is 56
88+scheduled to work pursuant to a work schedule; 57
89+(5) "Shift" means the consecutive hours an employer schedules an 58
90+employee to work, or to be available to report to work at the request or 59
91+permission of the employer, except that a break of not more than one 60
92+hour shall not be considered an interruption of consecutive hours; and 61
93+(6) "Work schedule" means a written notice of an employee's regular 62
94+and on-call hours during a consecutive seven-day period. 63
95+(b) An employer shall pay an employee one-half of the employee's 64
96+regular rate for any scheduled work hours the employee does not 65
97+work due to the employer cancelling or reducing the employee's 66
98+scheduled work hours: 67
99+(1) After the employee reports to work such scheduled work hours, 68
100+or 69
101+(2) Less than seventy-two hours prior to the commencement of such 70
102+scheduled work hours. 71
103+(c) An employer shall not owe an employee pay pursuant to 72
104+subsection (b) of this section if the employee's scheduled work hours 73
105+are canceled or reduced due to: 74
106+(1) The employee's written request, including, but not limited to, a 75
107+request to use sick leave, vacation leave or other leave pursuant to 76
108+Committee Bill No. 6924
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118-request to use sick leave, vacation leave or other leave pursuant to 77
119-employer policy; 78
120-(2) A mutually agreed upon shift trade or coverage arrangement 79
121-between employees, subject to an existing employer policy regarding 80
122-such shift trade or coverage arrangement; or 81
123-(3) The inability of the employer's operations to begin or continue 82
124-due to (A) threats to the employer's employees or to the employer's 83
125-property, (B) the failure of a public utility or the shutdown of public 84
126-transportation, (C) fire, flood or other natural disaster, (D) a state of 85
127-emergency declared by the President of the United States or the 86
128-Governor of this state, or (E) severe weather conditions that pose a 87
129-threat to employee safety. 88
130-(d) (1) An employee may decline to work a shift that begins less 89
131-than eleven hours after the end of the employee's previous day's shift 90
132-or during the eleven-hour period following the end of the employee's 91
133-shift that spanned two days. 92
134-(2) If an employee consents to work a shift described in subdivision 93
135-(1) of this subsection, such consent shall be in writing. 94
136-(3) An employee who works a shift described in subdivision (1) of 95
137-this subsection shall be compensated at one and one-half times the 96
138-employee's regular rate of pay for any hours worked during such shift. 97
139-(e) Nothing in this section shall prohibit an employer from adopting 98
140-policies related to employee scheduling that are more beneficial to an 99
141-employee than those required by this section. 100
142-(f) Nothing in this section shall be construed to diminish the 101
143-obligation of an employer to comply with any contract, collective 102
144-bargaining agreement, employment benefit plan or other agreement, 103
145-provided such compliance by the employer is more beneficial to an 104
146-employee than complying with the provisions of this section. 105 Committee Bill No. 6924
113+employer policy; 77
114+(2) A mutually agreed upon shift trade or coverage arrangement 78
115+between employees, subject to an existing employer policy regarding 79
116+such shift trade or coverage arrangement; or 80
117+(3) The inability of the employer's operations to begin or continue 81
118+due to (A) threats to the employer's employees or to the employer's 82
119+property, (B) the failure of a public utility or the shutdown of public 83
120+transportation, (C) fire, flood or other natural disaster, (D) a state of 84
121+emergency declared by the President of the United States or the 85
122+Governor of this state, or (E) severe weather conditions that pose a 86
123+threat to employee safety. 87
124+(d) (1) An employee may decline to work a shift that begins less 88
125+than eleven hours after the end of the employee's previous day's shift 89
126+or during the eleven-hour period following the end of the employee's 90
127+shift that spanned two days. 91
128+(2) If an employee consents to work a shift described in subdivision 92
129+(1) of this subsection, such consent shall be in writing. 93
130+(3) An employee who works a shift described in subdivision (1) of 94
131+this subsection shall be compensated at one and one-half times the 95
132+employee's regular rate of pay for any hours worked during such shift. 96
133+(e) Nothing in this section shall prohibit an employer from adopting 97
134+policies related to employee scheduling that are more beneficial to an 98
135+employee than those required by this section. 99
136+(f) Nothing in this section shall be construed to diminish the 100
137+obligation of an employer to comply with any contract, collective 101
138+bargaining agreement, employment benefit plan or other agreement, 102
139+provided such compliance by the employer is more beneficial to an 103
140+employee than complying with the provisions of this section. 104
141+(g) Nothing in this section shall prohibit an employer from 105
142+Committee Bill No. 6924
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153-(g) Nothing in this section shall prohibit an employer from 106
154-scheduling an employee for a shift with less than seventy-two hours' 107
155-notice, provided such scheduling is mutually agreed upon, freely and 108
156-without coercion, in writing and on a case-by-case basis, by the 109
157-employee and employer. An employer shall not require an employee 110
158-to sign a prospective agreement prior to or at any time during the 111
159-employee's employment. 112
160-(h) Each employer subject to the provisions of this section, unless 113
161-exempted by regulations adopted by the Labor Commissioner 114
162-pursuant to subsection (i) of this section, shall keep a true and accurate 115
163-record for not less than three years of: (1) The shifts worked each day 116
164-and each week by each employee, (2) each employee's work schedule, 117
165-and (3) any revisions to such work schedule. 118
166-(i) The Labor Commissioner may adopt regulations, in accordance 119
167-with the provisions of chapter 54 of the general statutes, to provide for 120
168-the implementation and enforcement of the provisions of this section. 121
147+scheduling an employee for a shift with less than seventy-two hours' 106
148+notice, provided such scheduling is mutually agreed upon, freely and 107
149+without coercion, in writing and on a case-by-case basis, by the 108
150+employee and employer. An employer shall not require an employee 109
151+to sign a prospective agreement prior to or at any time during the 110
152+employee's employment. 111
153+(h) Each employer subject to the provisions of this section, unless 112
154+exempted by regulations adopted by the Labor Commissioner 113
155+pursuant to subsection (i) of this section, shall keep a true and accurate 114
156+record for not less than three years of: (1) The shifts worked each day 115
157+and each week by each employee, (2) each employee's work schedule, 116
158+and (3) any revisions to such work schedule. 117
159+(i) The Labor Commissioner may adopt regulations, in accordance 118
160+with the provisions of chapter 54 of the general statutes, to provide for 119
161+the implementation and enforcement of the provisions of this section. 120
169162 This act shall take effect as follows and shall amend the following
170163 sections:
171164
172165 Section 1 October 1, 2019 New section
173166
174-LAB Joint Favorable
167+Statement of Purpose:
168+To limit the practice of on-call shift scheduling.
175169
170+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
171+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
172+not underlined.]
173+
174+Co-Sponsors: REP. PORTER, 94th Dist.; REP. HALL, 7th Dist.
175+
176+H.B. 6924