Sec. 112. Fair scheduling practices
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In this section: The term covered domestic employee has the meaning given the term in section 110(a). The term scheduled work hours means the hours on a specified day during which a domestic employee is, through a written agreement or schedule, required by the employer of the domestic employee to perform domestic services for the employer and for which the domestic employee will receive compensation for such services. In the case of a covered domestic employee of an employer, the employer shall provide the covered domestic employee notice of the scheduled work hours of such employee through— a written agreement described in subclause
(I)of section 110(d)(1)(F)(iv) regarding a schedule of the time of day and the days of the week the covered domestic employee is expected to work for the employer each week; or a schedule agreed upon by the employer and the covered domestic employee provided in the amount of time specified in accordance with a written agreement described in subclause
(II)of such section, regarding a good faith estimate of the time of day and the days of the week that the covered domestic employee is expected to work for the employer. An employer shall— communicate in writing (which may be in an electronic form) any change to the scheduled work hours of each domestic employee of the employer, including any on-call shifts, not less than 72 hours before the domestic employee is scheduled to begin work; and pay each domestic employee of the employer— the regular rate of pay of the domestic employee for any scheduled work hours the domestic employee does not work due to the employer canceling or reducing the scheduled work hours of the domestic employee after the domestic employee arrives to work for the scheduled work hours; or at a rate of ½ of the regular rate of pay of the domestic employee for any scheduled work hours the domestic employee does not work due to the employer canceling or reducing the scheduled work hours of the domestic employee at a time that is less than 72 hours prior to the commencement of such scheduled work hours, unless the employer— is an individual with a disability relying on the domestic employee for disability supports and services (or an employer supporting an individual with a disability); and requests the domestic employee to consent to work alternative, equivalent scheduled work hours within a 7-day period and the employee consents to work such alternative, equivalent hours. If an employer intends to schedule a covered domestic employee for work during hours that are identified as hours in which the employee can typically expect to be scheduled as off from work in accordance with the written agreement under section 110(d)(1)(F)(iv)(I) or are identified as hours outside of the good faith estimate under section 110(d)(1)(F)(iv)(II)(cc)), the employer shall obtain the written consent of the covered domestic employee to work such hours prior to the commencement of such work. A covered domestic employee may provide written consent under paragraph
(1)in an electronic format. Notwithstanding any provision in this section, the requirements under subsection
(c)shall not apply— during any period in which the operations of the employer 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 employee safety; or in a case in which— the domestic employee voluntarily requested in writing a change to the scheduled work hours of the employee; or the employer changes the scheduled work hours of a domestic employee due to— a medical emergency requiring the emergency medical treatment or hospitalization of the individual for whom the domestic employee is performing domestic services or a child, a parent, a spouse, or a domestic partner of such individual or any other individual related by blood or affinity whose close association with such individual is the equivalent of a family relationship; or the risk of contagion or a quarantine requirement related to a public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ). Notwithstanding any provision in this section, the requirements under this section shall not apply to a shared living arrangement. This section shall take effect on the date that is 2 years after the date of enactment of this Act.
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