AB 486

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

state and political subdivision employers, 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 requires an employer must negotiate in good faith with an employee to

accommodate requested changes to the employee's work schedule. Further, 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 family member.

3. Enrollment of the employee in certain educational or training programs.

4. A part-time employee's work scheduling conflicts with the employee's other

employment.

If an employer denies an employee's request for a schedule change, the

employer must inform the employee of the reasons for denial, including whether any

of the reasons is a bona fide business reason as defined in the bill.

Service employee right to predictable work schedule

The bill requires an employer that employs an employee in certain retail, food

service, or cleaning occupations (service employee) to 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

to the service employee at least 14 days in advance.

The bill also requires that if an employer changes a service employee's work

schedule with fewer 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. Exceptions to this requirement include when the service employee consents

to the change or when the employer requires the service employee to work additional

time because another service employee was scheduled to work that time and is

unexpectedly unavailable to do so.

The bill requires that if an employer uses certain scheduling practices, the

employer must compensate a service employee as follows:

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

service employee to work all time scheduled, the employer shall provide the service

employee with: 1) full compensation as if the employee had worked the full shift; or

2) if the service employee is scheduled to work more than four hours and works less

than four hours, an amount equal to the service employee's regular rate of pay for the