Sec. 4. Requirements for predictability pay, split shift pay, and advance notice of work schedules for retail, food service, cleaning, hospitality, warehouse, or Secretary's designated employees
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On or before the first day of work for a new retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, the employer shall inform the employee of the work schedule of the employee and the minimum number of expected work hours the employee will be assigned to work per month. Except as provided in subsection (b)(2), if the work schedule of a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, 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 not less than 14 days before the first day of the new work schedule.
Such a change shall include a change in the number of hours of work for which an employee is assigned. An employer that violates subparagraph
(A)shall compensate each affected employee in the amount of $75 per day that the new work schedule is not provided. The notifications of the work schedules required under paragraphs
(1)and
(2)shall be made to the employee involved in writing. Every employer employing any retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, shall post a copy of the work schedule of each such employee 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 the copy. Availability of that schedule by electronic means accessible to all retail, food service, cleaning, hospitality, or warehouse employees, or Secretary's designated employees, of that employer shall be considered compliance with this subparagraph. A retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, may decline to work any hours not included in the work schedule posted under subparagraph
(A)as work hours for the employee. If a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, voluntarily consents to work any hours not posted under subparagraph (A), such consent must be recorded in writing. Nothing in this subsection shall be construed to prohibit an employer from— providing greater advance notice of the work schedule of a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, than is required under this subsection; or using any means, in addition to the written means required under paragraph (3), of notifying a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, of the work schedule of the employee. An employer may, subject to subsection
(a)and paragraph (2), make changes as needed to the work schedule of a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, including by offering additional hours of work in addition to those scheduled pursuant to the requirements under subsection (a). Except as provided in paragraph (3), for each employer-initiated change to a work schedule provided to an employee under subsection
(a)that occurs less than 14 days prior to the first day on which the change is to take effect, the employer shall be required to provide the affected employee with pay (referred to in this subsection as predictability pay ) at the following rates: One hour at the employee’s regular rate of pay if such change is an addition to the hours the employee is scheduled to work under subsection
(a)or if the employer changes the date, time, or location of the work shift with no loss of hours. Not less than one-half times the employee’s regular rate of pay per hour for any hour that the employee is scheduled to work under subsection
(a)and does not work due to the employer subtracting or canceling such scheduled hours of work. An employer shall not be required to pay predictability pay under paragraph (2), or to obtain written consent pursuant to subsection (a)(5), under any of the following circumstances: A retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, requests a shift change in writing, including through the use of sick leave, vacation leave, or any other leave policy offered by the employer. A schedule change is the result of a mutually agreed upon shift trade or coverage arrangement between retail, food service, cleaning, hospitality, or warehouse employees, or Secretary’s designated employees, subject to any policy of the employer regarding required conditions for employees to exchange shifts. The employer’s operations cannot begin or continue due to— a threat to the property of an employee or the employer; the failure of a public utility or the shutdown of public transportation; a fire, flood, or other natural disaster; a state of emergency declared by the President of the United States or by the governor of the State, or the mayor of the city, in which the operations are located; or a severe weather condition that poses a threat to employee safety. An employer shall pay a retail, food service, cleaning, hospitality, or warehouse employee, 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. Any pay provided to an employee pursuant to subsection (a), (b), or
(c)(referred to in this subsection 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), the requirements of subsection (b), or the requirements of subsection (c).