AB 866

This bill provides that an employee who works for an employer, including the

state and political subdivisions, that employs at least 15 employees (employer) has

the right to request and receive changes to the employee's work schedule under

certain circumstances. The bill also provides rights regarding work scheduling for

employees in certain retail, food service, or cleaning occupations or other occupations

designated by the Department of Workforce Development.

Employee right to request and receive work schedule changes

The bill provides that an employee may request changes to the employee's work

schedule, and an employer must negotiate in good faith with the employee to

accommodate the employee's request while also meeting the employer's needs.

Unless an employer has a bona fide business reason for denying the request, the

employer must approve an employee's request if it is directly related to any of the

following:

1. A serious health condition of the employee.

2. Responsibilities of the employee as a caregiver for a child or other family

member.

3. Enrollment of the employee in an educational or training program or

program of study that leads to a recognized postsecondary credential.

4. Work scheduling conflicts of an employee who is part time with the

employee's other employment.

If an employer denies an employee's request, the employer must inform the

employee of the reasons for denial, including whether any of the reasons is a bona

fide business reason. The term “bona fide business reason” is defined in the bill.

Predictable work schedules for retail, food service, and cleaning employees

The bill provides that an employer that employs an employee in certain retail,

food service, or cleaning occupations (service employee) must provide the service

employee with a written copy of the service employee's work schedule on or before

the service employee's first day of work. With certain exceptions, if an employer

changes a service employee's work schedule, the employer must provide the new

work schedule no later than 14 days in advance.

If an employer changes a service employee's work schedule with less than

14-days' advance notice, the employer must pay the service employee an amount

equal to the service employee's regular rate of pay for one hour of work, unless 1) the

service employee consents to the change or 2) the employer requires the service

employee to work additional time or an additional work shift because another service

employee was scheduled to work that time or work shift and is unexpectedly

unavailable to do so.

If an employer uses the following scheduling practices, the employer must

compensate a service employee subjected to those practices as follows:

1. If the service employee reports to work and the employer does not allow the