Warren, DeLauro Renew Bill to Ban Unpredictable Scheduling Practices

Warren, DeLauro Renew Bill to Ban Unpredictable Scheduling Practices

Legislation would require many employers to provide work schedules two weeks in advance and compensate workers when their schedules change last minute

Bill Text (PDF) | Bill One-Pager (PDF)

Washington, D.C. - U.S. Senator Elizabeth Warren (D-Mass.) and Congresswoman Rosa DeLauro (D-Conn.) reintroduced the Schedules That Work Act to address unpredictable scheduling practices that may deprive workers of income and require them to work unreasonable hours, like "clopening" shifts that leave little time to commute and rest between shifts.

"Unpredictable scheduling makes it impossible for workers to arrange child care, juggle an education, or even pay the bills. We're fighting to empower workers and help them regain control over their work schedules and build economic security for themselves and their families," Senator Warren said.

"We are in a cost of living crisis that forces too many Americans to live paycheck to paycheck," said Congresswoman DeLauro. "Hardworking Americans deserve economic security and the peace of mind that the hours they work will provide enough to make ends meet so they can provide for themselves or their family. That is why I am proud to join Senator Warren in reintroducing the Schedules that Work Act, so workers are not subject to abusive scheduling practices that can lead to financial insecurity and instability. American workers deserve certainty about their schedules and incomes."

Workers experience many unreasonable scheduling practices, like last-minute shift cancellations, being placed "on-call" with no guarantee of work hours, scheduled for "split shifts" of non-consecutive hours, and even being sent home early without pay when demand is low. If they push back or request schedule changes, employers may retaliate.

This month, Starbucks agreed to pay $38.9 million to settle claims it violated New York law by failing to provide regular schedules to employees, cutting workers' scheduled hours without their consent, and giving shifts to new hires first instead of to existing employees.

A report by the Harvard Kennedy School found that unpredictable schedules lead to higher employee turnover, household economic insecurity, and reductions in workers' health and wellbeing. It also found that Black and Hispanic women are disproportionately impacted by unpredictable schedules and were more likely to have a shift canceled without appropriate notice than white workers.

The Schedules That Work Act curbs these harmful practices by giving workers a voice in their schedules and helping people meet their responsibilities at work and at home. The bill protects workers who ask for schedule changes from retaliation, and it requires employers to consider their requests. For workers in retail, food service, and cleaning occupations, it requires employers to provide schedules two weeks in advance. The legislation also provides compensation to these employees when their schedules change abruptly, or they are assigned to particularly difficult shifts, including split shifts and call-in shifts.

The bill also expands these same protections to hospitality and warehouse workers, and establishes a right to rest between shifts - protecting workers from being forced to work a closing shift one night and the opening shift the next day - and compensating them adequately if they voluntarily do so.

If passed, employers would also be required to compensate employees if schedules are not posted two weeks in advance, or if there are changes to the schedule within the two-week period.

The bill is cosponsored in the Senate by Senators Richard Blumenthal (D-CT), Chris Van Hollen (D-MD), Tammy Baldwin (D-WI), Dick Durbin (D-IL), Jack Reed (D-RI), Cory Booker (D-NJ), Edward J. Markey (D-MA), Bernard Sanders (I-VT), Sheldon Whitehouse (D-RI), Chris Murphy (D-CT), Amy Klobuchar (D-MN), Tammy Duckworth (D-IL), Minority Leader Chuck Schumer (D-NY), Mazie Hirono (D-HI), Jeff Merkley (D-OR), Ron Wyden (D-OR), Patty Murray (D-WA), and Alex Padilla (D-CA).

The bill is cosponsored in the House by Representatives Jan Schakowsky (D-IL-09), Carolyn Maloney (D-NY-12), Alan Lowenthal (D-CA-47), Jamaal Bowman (D-NY-16), Danny K. Davis (D-IL-07), Eleanor Holmes Norton (D-DC), Suzanne Bonamici (D-OR-01), Mark DeSaulnier (D-CA-11), Chellie Pingree (D-ME-01), Steve Cohen (D-TN-09), Anna G. Eshoo (D-CA-18), Debbie Dingell (D-MI-12), Joyce Beatty (D-OH-03), Barbara Lee (D-CA-13), Lloyd Doggett (D-TX-35), Jesús G. "Chuy" García (D-IL-04), Richie Torres (D-NY-15), Pramila Jayapal (D-WA-07), Brenda Lawrence (D-MI-14), Lauren Underwood (D-IL-14), Mark Pocan (D-WI-02), Kathleen M. Rice (D-NY-04).

The Schedules That Work Act is supported by: 9to5, A Better Balance, Action for Children, AFL-CIO, African American Health Alliance, All-Options, American Association of University Women, Americans for Democratic Action (ADA), Asian Pacific American Labor Alliance, BreastfeedLA, Catch Fire Movement, CDF, Center for Law and Social Policy (CLASP), Center for Popular Democracy, CenterLink: The Community of LGBT Centers, Chicago Foundation for Women, Child Care Aware of America, Citizen Action of New York, Coalition for Social Justice, Coalition of Labor Union Women, Coalition on Human Needs, Connecticut Women's Education and Legal Fund (CWEALF), Economic Policy Institute, Equal Rights Advocates, Every Texan, Faith in Public Life, Family Values @ Work, Healthy Nourishment, Jobs With Justice, Justice for Migrant Women, Kentucky Equal Justice Center, Legal Aid at Work, Legal Momentum, The Women's Legal Defense and Education Fund, MANA - A National Latina Organization, MomsRising, National Black Worker Center, National Coalition for Asian Pacific American Community Development, National Center for Law and Economic Justice, National Council of Jewish Women, National Employment Law Project, National Employment Lawyers Association, National Organization for Women, National Partnership for Women & Families, National Women's Law Center, NETWORK Lobby for Catholic Social Justice, Network of Jewish Human, Service Agencies, North Carolina Justice Center, Oxfam America, Poligon Education Fund, Public Justice Center, ROC United, Service Employees International Union, Shriver Center on Poverty Law, Start Early, Sugar Law Center for Economic & Social Justice, TakeAction Minnesota, The National Domestic Violence Hotline, United Food and Commercial Workers International Union, United for Respect, We All Rise, Women and Girls Foundation of Southwest PA, Women Employed, Women's Fund of Rhode Island, Women's Law Project, Women's Media Center, Workplace Fairness, YWCA of the University of Illinois, YWCA USA, ZERO TO THREE.

"Unpredictable and inadequate work hours have long been a problem for part-time and hourly workers in low-paid jobs, which means they have been a problem for women, and especially for women of color," said NWLC Vice President for Education and Workplace Justice Emily Martin. "But the harms posed by volatile work hours-and the uncertain paychecks they produce-have intensified during the pandemic, as workers face new risks to their health, inadequate access to paid leave and paid sick days, and additional caregiving challenges posed by school and child care closures and quarantines. Together, the Schedules That Work Act and the Part-Time Worker Bill of Rights will help working people meet their responsibilities both on and off the job, bolster economic security for their families, and help close race and gender wage gaps."

"Through A Better Balance's free and confidential legal helpline, we are constantly hearing from workers in industries like retail, food service, and other shift-based roles who have to miss out on hours and pay because their employers' unpredictable scheduling practices make it impossible to plan around childcare, medical appointments, and other care-related needs. Many of these workers are also denied essential benefits like paid leave and healthcare due to their part-time status - even if they're working full-time hours across multiple jobs," said A Better Balance President Inimai Chettiar. "The Schedules That Work Act and Part Time Workers Bill of Rights will together combat these unfair practices and support the health and financial security of these essential workers, advancing gender and racial equity nationwide. We thank Senator Warren for her leadership on this legislation and continued commitment to this country's working families."

Congresswoman DeLauro and Senator Warren have introduced the Schedules That Work Act every Congress since 2015.

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