Fair Scheduling Act of 2015 passes Assembly Labor and Employment Committee

The Assembly Labor and Employment Committee has passed a bill imposing a one-size-fits-all scheduling mandate on general retail employers.

AB 357 (Chiu; D-San Francisco) would increase the cost of doing business for a broadly defined “food and general retail establishment” with over 500 employees in California by exposing employers to significant penalties and litigation for accommodating employee and business scheduling demands, creating a new protected classification for non-exempt employees, and a new leave of absence for employees.

The bill would:

  • Require a food and general retail establishment, as defined, to provide its employees with at least 2 weeks’ notice of their schedules.
  • Require a food and general retail establishment to pay those employees additional pay, as specified, for each previously scheduled shift that the food and general retail establishment moves to another date or time or cancels and each previously unscheduled shift that the food and general retail establishment requires an employee to work, and would also require a food and general retail establishment to pay those employees a specified amount for each on-call shift for which the employee is required to be available but is not called in to work.
  • The bill would specify that these provisions do not apply in certain circumstances, including, but not limited to, when operations cannot begin or continue due to causes not within the food and general retail establishment’s control.
  • The bill would prohibit a food and general retail establishment from discharging or discriminating against an employee because he or she is a person who receives, or is a parent, guardian, or grandparent who has custody of one or more children who receive, benefits under the CalWORKs program or a person who receives benefits under CalFresh.
  • The bill would also require an employer to allow an employee to, upon request, be absent from work without pay for up to 8 hours twice a year to attend any required appointments at the county human services agency, provided that the employee gives reasonable advance notice to the employer of his or her intention to take time off, unless advance notice is not feasible.
  • The bill would prohibit an employer from taking any action against an employee when an unscheduled absence occurs due to a required appointment at the county human services agency if that employee provides specified documentation from the county human services agency.

The bill passed the Assembly Labor and Employment Committee 4-3 on April 22. The bill now heads to the Assembly Appropriations Committee; no hearing date has been set.

Source: HRWatchdog / California Legislative Info

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