Connecticut 2019 Regular Session

Connecticut Senate Bill SB00764 Compare Versions

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Version 2 (New)

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7		-	General Assembly Substitute Bill No. 764
8		-	January Session, 2019
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	6	+	General Assembly Committee Bill No. 764
	7	+	January Session, 2019
	8	+	LCO No. 4943
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14		-	AN ACT LIMITING "ON-CALL" SHIFT SCHEDULING.
	11	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
	12	+
	13	+
	14	+	Introduced by:
	15	+	(LAB)
	16	+
	17	+
	18	+
	19	+	AN ACT PROHIBITING "ON-CALL" SHIFT SCHEDULING.
15	20		Be it enacted by the Senate and House of Representatives in General
16	21		Assembly convened:
17	22
18	23		Section 1. (NEW) (Effective October 1, 2019) (a) For the purposes of 1
19	24		this section: (1) "Employee" means any person (A) paid on an hourly 2
20	25		basis, (B) not exempt from the minimum wage and overtime 3
21	26		compensation requirements of the Fair Labor Standards Act of 1938 4
22	27		and the regulations promulgated thereunder, as amended from time to 5
23	28		time, and (C) suffered or permitted to work by an employer in: 6
24	29		(i) Any occupation in the mercantile trade, meaning the trade of 7
25		-	wholesale or retail selling of ~~groceries or~~ commodities and any 8
26		-	~~operation~~ supplemental or incidental thereto, including, but not 9
27		-	~~limited to,~~ buying, delivery, maintenance, office, stock and clerical 10
28		-	~~work, except~~ repair and service employees having the major portion of 11
29		-	~~their duties~~ unrelated to the mercantile trade; 12
	30	+	wholesale or retail selling of commodities and any operation 8
	31	+	supplemental or incidental thereto, including, but not limited to, 9
	32	+	buying, delivery, maintenance, office, stock and clerical work, except 10
	33	+	repair and service employees having the major portion of their duties 11
	34	+	unrelated to the mercantile trade; 12
30	35		(ii) A restaurant occupation, including any person engaged in the 13
31	36		preparation and serving of food for human consumption or in any 14
32	37		operation incidental or supplemental thereto, whether the food is 15
33	38		served at or away from the point of preparation, or whether the 16
34	39		preparation and serving of food is the sole business of the employing 17
35		-	establishment or enterprise, but does not include the preparation and 18
36		-	serving of food in a nonprofit educational, charitable or religious 19 Substitute Bill No. 764
	40	+	Committee Bill No. 764
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	45	+	establishment or enterprise, but does not include the preparation and 18
	46	+	serving of food in a nonprofit educational, charitable or religious 19
43	47		organization where the food service is not regularly available to the 20
44	48		general public, or the preparation and serving of food in hospitals, 21
45	49		convalescent homes or homes for the elderly where the food service is 22
46	50		not regularly available to the general public and is incidental to the 23
47	51		care of the patient. Restaurant occupation includes, but is not limited 24
48	52		to, employees of restaurants, cafeterias, that portion of hotel business 25
49	53		involving the preparation and serving of food, commissaries, fast food 26
50	54		outlets, grills, coffee shops, luncheonettes, sandwich shops, tearooms, 27
51	55		nightclubs, cabarets, automats, caterers, frankfurter stands, operators 28
52	56		of food vending machines, and that portion of a business involving the 29
53	57		serving of food in department stores, drugstores, candy stores, 30
54	58		bakeries, pizzerias, delicatessens, places of amusement and recreation, 31
55	59		commercial and industrial establishments and social, recreational, 32
56	60		fraternal and professional clubs which either regularly or 33
57	61		intermittently serve food; 34
58	62		(iii) An occupation within a hotel, motel or resort with one of the 35
59	63		following broad or detailed occupation code numbers and titles, as 36
60	64		defined by the federal Bureau of Labor Statistics Standard 37
61	65		Occupational Classification system or any successor system: 35-3010 38
62	66		Bartenders; 35-9020 Dishwashers; 35-9030 Hosts and Hostesses, 39
63	67		Restaurant, Lounge and Coffee Shop; 37-2010 Building Cleaning 40
64	68		Workers; 37-3010 Grounds Maintenance Workers; 39-3030 Ushers, 41
65	69		Lobby Attendants and Ticket Takers; 39-6010 Baggage Porters, 42
66	70		Bellhops and Concierges; 43-4080 Hotel, Motel and Resort Desk Clerks; 43
67	71		43-4170 Receptionists and Information Clerks; or 44
68	72		(iv) An occupation within a nursing or residential care facility 45
69	73		defined by the federal Bureau of Labor Statistics Standard 46
70	74		Occupational Classification system or any successor system: 31-1130 47
71	75		Nursing Assistants, Orderlies, and Psychiatric Aides; 48
72	76		(2) "Employer" means an employer, as defined in section 31-71a of 49
73		-	the general statutes, including, but not limited to, a franchisee, as 50
74		-	defined in section 42-133e of the general statutes, who employs not less 51
75		-	than twenty-five employees aggregated across all locations operated 52 Substitute Bill No. 764
	77	+	Committee Bill No. 764
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82		-	by such employer; 53
83		-	(3) "Regular rate" has the same meaning as provided in section 31-54
84		-	76b of the general statutes; 55
85		-	(4) "Scheduled work hours" means the hours an employee is 56
86		-	scheduled to work pursuant to a work schedule; 57
87		-	(5) "Shift" means the consecutive hours an employer schedules an 58
88		-	employee to work, or to be available to report to work at the request or 59
89		-	permission of the employer, except that a break of not more than one 60
90		-	hour shall not be considered an interruption of consecutive hours; and 61
91		-	(6) "Work schedule" means a written notice of an employee's regular 62
92		-	and on-call hours during a consecutive seven-day period. 63
93		-	(b) An employer shall pay an employee one-half of the employee's 64
94		-	regular rate for any scheduled work hours the employee does not 65
95		-	work due to the employer cancelling or reducing the employee's 66
96		-	scheduled work hours: 67
97		-	(1) After the employee reports to work such scheduled work hours, 68
98		-	or 69
99		-	(2) Less than seventy-two hours prior to the commencement of such 70
100		-	scheduled work hours. 71
101		-	(c) An employer shall not owe an employee pay pursuant to 72
102		-	subsection (b) of this section if the employee's scheduled work hours 73
103		-	are canceled or reduced due to: 74
104		-	(1) The employee's written request, including, but not limited to, a 75
105		-	request to use sick leave, vacation leave or other leave pursuant to 76
106		-	employer policy; 77
107		-	(2) A mutually agreed upon shift trade or coverage arrangement 78
108		-	between employees, subject to an existing employer policy regarding 79
109		-	such shift trade or coverage arrangement; or 80 Substitute Bill No. 764
	82	+	the general statutes, who employs not less than twenty-five employees; 50
	83	+	(3) "Regular rate" has the same meaning as provided in section 31-51
	84	+	76b of the general statutes; 52
	85	+	(4) "Scheduled work hours" means the hours an employee is 53
	86	+	scheduled to work pursuant to a work schedule; 54
	87	+	(5) "Shift" means the consecutive hours an employer schedules an 55
	88	+	employee to work, or to be available to report to work at the request or 56
	89	+	permission of the employer, except that a break of not more than one 57
	90	+	hour shall not be considered an interruption of consecutive hours; and 58
	91	+	(6) "Work schedule" means a written notice of an employee's regular 59
	92	+	and on-call hours during a consecutive seven-day period. 60
	93	+	(b) An employer shall pay an employee one-half of the employee's 61
	94	+	regular rate for any scheduled work hours the employee does not 62
	95	+	work due to the employer cancelling or reducing the employee's 63
	96	+	scheduled work hours: 64
	97	+	(1) After the employee reports to work such scheduled work hours, 65
	98	+	or 66
	99	+	(2) Less than seventy-two hours prior to the commencement of such 67
	100	+	scheduled work hours. 68
	101	+	(c) An employer shall not owe an employee pay pursuant to 69
	102	+	subsection (b) of this section if the employee's scheduled work hours 70
	103	+	are canceled or reduced due to: 71
	104	+	(1) The employee's written request, including, but not limited to, a 72
	105	+	request to use sick leave, vacation leave or other leave pursuant to 73
	106	+	employer policy; 74
	107	+	(2) A mutually agreed upon shift trade or coverage arrangement 75
	108	+	between employees, subject to an existing employer policy regarding 76
	109	+	such shift trade or coverage arrangement; or 77
	110	+	Committee Bill No. 764
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116		-	(3) The inability of the employer's operations to begin or continue 81
117		-	due to (A) threats to the employer's employees or to the employer's 82
118		-	property, (B) the failure of a public utility or the shutdown of public 83
119		-	transportation, (C) fire, flood or other natural disaster, (D) a state of 84
120		-	emergency declared by the President of the United States or the 85
121		-	Governor of this state, or (E) severe weather conditions that pose a 86
122		-	threat to employee safety. 87
123		-	(d) (1) An employee may decline to work a shift that begins less 88
124		-	than eleven hours after the end of the employee's previous day's shift 89
125		-	or during the eleven-hour period following the end of the employee's 90
126		-	shift that spanned two days. 91
127		-	(2) If an employee consents to work a shift described in subdivision 92
128		-	(1) of this subsection, such consent shall be in writing. 93
129		-	(3) An employee who works a shift described in subdivision (1) of 94
130		-	this subsection shall be compensated at one and one-half times the 95
131		-	employee's regular rate of pay for any hours worked during such shift. 96
132		-	(e) Nothing in this section shall prohibit an employer from adopting 97
133		-	policies related to employee scheduling that are more beneficial to an 98
134		-	employee than those required by this section. 99
135		-	(f) Nothing in this section shall be construed to diminish the ~~100~~
136		-	obligation of an employer to comply with any contract, collective ~~101~~
137		-	bargaining agreement, employment benefit plan or other agreement, ~~102~~
138		-	provided such compliance by the employer is more beneficial to an ~~103~~
139		-	employee than complying with the provisions of this section. ~~104~~
140		-	(g) Nothing in this section shall prohibit an employer from ~~105~~
141		-	scheduling an employee for a shift with less than seventy-two hours' ~~106~~
142		-	notice, provided such scheduling is mutually agreed upon~~, freely and 107~~
143		-	~~without coercion, in writing and on a case-by-case basis,~~ by the ~~108~~
144		-	~~employee and employer. An~~ employer ~~shall not require an employee 109~~
145		-	~~to sign a prospective agreement prior to or at any time during~~ the ~~110~~
146		-	~~employee's employment. 111 Substitute~~ Bill No. 764
	115	+	(3) The inability of the employer's operations to begin or continue 78
	116	+	due to (A) threats to the employer's employees or to the employer's 79
	117	+	property, (B) the failure of a public utility or the shutdown of public 80
	118	+	transportation, (C) fire, flood or other natural disaster, (D) a state of 81
	119	+	emergency declared by the President of the United States or the 82
	120	+	Governor of this state, or (E) severe weather conditions that pose a 83
	121	+	threat to employee safety. 84
	122	+	(d) (1) An employee may decline to work a shift that begins less 85
	123	+	than eleven hours after the end of the employee's previous day's shift 86
	124	+	or during the eleven-hour period following the end of the employee's 87
	125	+	shift that spanned two days. 88
	126	+	(2) If an employee consents to work a shift described in subdivision 89
	127	+	(1) of this subsection, such consent shall be in writing. 90
	128	+	(3) An employee who works a shift described in subdivision (1) of 91
	129	+	this subsection shall be compensated at one and one-half times the 92
	130	+	employee's regular rate of pay for any hours worked during such shift. 93
	131	+	(e) Nothing in this section shall prohibit an employer from adopting 94
	132	+	policies related to employee scheduling that are more beneficial to an 95
	133	+	employee than those required by this section. 96
	134	+	(f) Nothing in this section shall be construed to diminish the 97
	135	+	obligation of an employer to comply with any contract, collective 98
	136	+	bargaining agreement, employment benefit plan or other agreement, 99
	137	+	provided such compliance by the employer is more beneficial to an 100
	138	+	employee than complying with the provisions of this section. 101
	139	+	(g) Nothing in this section shall prohibit an employer from 102
	140	+	scheduling an employee for a shift with less than seventy-two hours' 103
	141	+	notice, provided such scheduling is mutually agreed upon in writing 104
	142	+	by the employee and employer. 105
	143	+	(h) Each employer subject to the provisions of this section, unless 106
	144	+	exempted by regulations adopted by the Labor Commissioner 107
	145	+	Committee Bill No. 764
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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
	150	+	pursuant to subsection (i) of this section, shall keep a true and accurate 108
	151	+	record for not less than three years of: (1) The shifts worked each day 109
	152	+	and each week by each employee, (2) each employee's work schedule, 110
	153	+	and (3) any revisions to such work schedule. 111
	154	+	(i) The Labor Commissioner may adopt regulations, in accordance 112
	155	+	with the provisions of chapter 54 of the general statutes, to provide for 113
	156	+	the implementation and enforcement of the provisions of this section. 114
162	157		This act shall take effect as follows and shall amend the following
163	158		sections:
164	159
165	160		Section 1 October 1, 2019 New section
166	161
167		-	LAB Joint Favorable Subst.
	162	+	Statement of Purpose:
	163	+	To prohibit the practice of on-call shift scheduling.
168	164
	165	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	166	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	167	+	not underlined.]
	168	+
	169	+	Co-Sponsors: SEN. LOONEY, 11th Dist.; SEN. DUFF, 25th Dist.
	170	+	SEN. FONFARA, 1st Dist.; SEN. MCCRORY, 2nd Dist.
	171	+	SEN. CASSANO, 4th Dist.; SEN. LESSER, 9th Dist.
	172	+	SEN. WINFIELD, 10th Dist.; SEN. COHEN, 12th Dist.
	173	+	SEN. ABRAMS, 13th Dist.; SEN. MOORE, 22nd Dist.
	174	+	SEN. BRADLEY, 23rd Dist.; SEN. KUSHNER, 24th Dist.
	175	+	SEN. LEONE, 27th Dist.; SEN. FLEXER, 29th Dist.
	176	+	REP. ELLIOTT, 88th Dist.
	177	+
	178	+	S.B. 764