Federal Scheduling Bill Introduced. Sen. Elizabeth Warren (D-MA) and Rep. Rosa DeLauro (D-CT) plan to reintroduce "fair scheduling" legislation. A prior version of the bill, the Schedules That Work Act (H.R. 2942, 115th Congress) would have required employers to, upon employee request, engage in an interactive process with respect to on-call time, location of work, timing of notification of work assignments, and fluctuations in schedule. If the change is requested for a serious health condition, caregiver responsibilities, career-related education, or a second job (for part-time employees), the employer must grant the request absent a “bona fide business reason,” as defined in the bill. The bill also would have required reporting time pay, a penalty for split shift scheduling, and advance notice of scheduling/rescheduling; these provisions would be limited to workers in the retail, food service, and cleaning industries.
California’s Parade of Horribles Continues. Our California policy team has prepared a comprehensive analysis of the results of the first year of California’s 2019-20 Legislative Session. Kristina Launey and Elizabeth Levy discuss the newly-enacted laws with which Golden State employers must contend, as well as preview some of the unsuccessful “zombie” bills – those that may come back next year.
New York City Extends Human Rights Law to Independent Contractors and Freelancers. Not to be outdone, New York City has passed a provision that would provide protection under the Human Rights Law to independent contractors and freelancers. The law is effective January 11, 2020. For more, see Seyfarth’s Client Alert.
House Ed and Labor Committee Plans a Busy Week. Next week, subcommittees of the House Committee on Education & Labor will hold two hearings. The first, to be held on October 22, is titled “Long Over Due: Exploring the Pregnant Workers’ Fairness Act (H.R. 2694).” That bill would create a new requirement to require reasonable accommodations for “known limitations” arising from pregnancy, even where the employee cannot perform the “essential functions” of the job, among other issues. The second, a joint hearing of the HELP and Workforce Protections subcommittees, is scheduled for October 23 and is titled “The Future of Work: Preserving Worker Protections in the Modern Economy."