Sec. 112. Fair scheduling practices
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/bill/116/s/2112/is/section-112·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the term scheduled work hours means the hours on a specified day during which a domestic worker is required by a domestic work hiring entity through a schedule to perform domestic services for the entity and for which the worker will receive compensation. Subject to paragraphs
(1)and
(2)of subsection (d), a domestic work hiring entity shall pay a domestic worker— the regular rate of pay of the domestic worker for any scheduled work hours the domestic worker does not work due to the domestic work hiring entity canceling or reducing the scheduled work hours of the domestic worker after the domestic worker arrives to work for the scheduled work hours; or at a rate of 1/2 of the regular rate of pay of the domestic worker for any scheduled work hours the domestic worker does not work due to the domestic work hiring entity canceling or reducing the scheduled work hours of the domestic worker at a time that is less than 72 hours prior to the commencement of such scheduled work hours, unless the domestic work hiring entity— is an individual with a disability who relies on self-directed care; and requests the domestic worker to consent to work alternative, equivalent scheduled work hours within a 7-day period and the worker consents to work such alternative, equivalent hours. Subject to subsection (d)(2), in the case of a covered domestic worker (as defined in section 110(a)), if a domestic work hiring entity wishes to include work hours in the scheduled work hours of such worker that are identified as hours in which the worker can typically expect to be scheduled as off from work in accordance with the written agreement under section 110(d)(1)(E)(iii)(IV), the hiring entity shall obtain the written consent of the worker to work such hours prior to the commencement of such work. The consent required under paragraph
(1)may be transmitted electronically to the domestic work hiring entity. Notwithstanding any provision in this section, the requirements under subsection
(b)shall not apply— during any period in which the operations of the domestic work hiring entity cannot begin or continue due to— a fire, flood, or other natural disaster; a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 , 5191) or a state of emergency declared by a Governor of a State or chief official of a unit of local government; or a severe weather condition that poses a threat to worker safety; or in a case in which— the domestic worker voluntarily requested in writing a change to the scheduled work hours of the worker; or the domestic work hiring entity changes the scheduled work hours of a domestic worker due to a medical emergency requiring emergency medical treatment or hospitalization. The requirements under this section shall not apply to a shared living arrangement. The requirements under this section shall take effect on the date that is 2 years after the date of enactment of this Act.
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Sec. 112
Fair scheduling practices
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