Sec. 4. Requirements for reporting time pay, split shift pay, and advance notice of work schedules for retail, food service, cleaning, or Secretary's designated employees
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An employer shall pay a retail, food service, or cleaning employee or a designated employee, in an additional occupation designated by the Secretary, under section 8(a)(2) as appropriate for coverage under this Act (referred to in this Act as a retail, food service, cleaning, or Secretary's designated employee )— for at least 4 hours at the regular rate of pay of the employee involved for each day on which the retail, food service, cleaning, or Secretary's designated employee reports for work, as required by the employer, but is given less than four hours of work, except that if the employee's scheduled hours for a day are less than 4 hours, such employee shall be paid for the scheduled hours of the employee involved for that day if given less than the scheduled hours of work; and for at least 1 hour at the regular rate of pay of the employee involved for each day the retail, food service, cleaning, or Secretary's designated employee is given specific instructions to contact the employer of the employee involved, or wait to be contacted by the employer, less than 24 hours in advance of the start of a potential work shift to determine whether the employee must report to work for such shift.
An employer shall pay a retail, food service, cleaning, or Secretary's designated employee for one additional hour at the employee's regular rate of pay for each day during which the employee works a split shift. On or before a new retail, food service, cleaning, or Secretary's designated employee's first day of work, the employer shall inform the employee in writing of the work schedule of the employee involved and the minimum number of expected work hours the employee will be assigned to work per month.
Except as provided in paragraph (3), if a retail, food service, cleaning, or Secretary's designated employee's work schedule changes from the work schedule of which the employee was informed pursuant to paragraph (1), the employer shall provide the employee with the new work schedule of the employee involved not less than 14 days before the first day of the new work schedule. If the expected minimum number of work hours that a retail, food service, cleaning, or Secretary's designated employee will be assigned changes from the number of which the employee involved was informed pursuant to paragraph (1), the employer shall also provide notification of that change, not less than 14 days in advance of the first day this change will go into effect.
Nothing in this subsection shall be construed to prohibit an employer from providing greater advance notice of a retail, food service, cleaning, or Secretary's designated employee's work schedule than is required under this section. An employer may make work schedule changes as needed, including by offering additional hours of work to retail, food service, cleaning, or Secretary's designated employees beyond those previously scheduled, but an employer shall be required to provide one extra hour of pay at the employee's regular rate for each shift that is changed with less than 24 hours’ notice, except in the case of the need to schedule the employee due to the unforeseen unavailability of a retail, food service, cleaning, or Secretary's designated employee previously scheduled to work that shift.
The notifications required under paragraphs
(1)and
(2)shall be made to the employee involved in writing. Nothing in this subsection shall be construed as prohibiting an employer from using any additional means of notifying a retail, food service, cleaning, or Secretary's designated employee of the work schedule of the employee involved. Every employer employing any retail, food service, cleaning, or Secretary's designated employee, subject to this Act shall post the schedule and keep it posted in a conspicuous place in every establishment where such employee is employed so as to permit the employee involved to observe readily a copy. Availability of that schedule by electronic means accessible by all retail, food service, cleaning, or Secretary's designated employees, of that employer shall be considered compliance with this subsection. Nothing in this subsection shall be construed to prevent an employer from allowing a retail, food service, cleaning, or Secretary's designated employee to work in place of another employee who has been scheduled to work a particular shift as long as the change in schedule is mutually agreed upon by the employees. An employer shall not be subject to the requirements of paragraph
(2)or
(3)for such voluntary shift trades. Any pay provided to an employee pursuant to subsection (a), (b), or (c)(3) (referred to in this paragraph as additional pay ) shall be included in the employee's regular paycheck. The employer shall identify, in the corresponding written wage statement or pay stub, the total number of hours of additional pay provided for the pay period involved and whether the additional pay was due to the requirements of subsection (a)(1), the requirements of subsection (a)(2), the requirements of subsection (b), or the requirements of subsection (c)(3). The requirements in subsections
(a)through
(d)shall not apply during periods when regular operations of the employer are suspended due to events beyond the employer’s control.