The Connecticut Senate has passed by a 20-16 vote a so-called “fair work week” bill that would prohibit on-call shift scheduling.
Senate Bill 668 promises stable shift schedules to workers at national retail and hotel chains, as well as at fast-food franchises and other restaurants.
Introduced by state Senate President Pro Tem Martin Looney (D-New Haven), the bill is similar to legislation passed in Oregon, Seattle and Philadelphia. Last month, New York”™s Supreme Court ruled against a coalition of fast-food industry groups in trying to reverse New York City”™s fair work week law.
The bill includes state-imposed requirements on businesses that limit flexibility in scheduling and require fines to be paid for schedule changes.
The requirements include:
Ӣ the posting of all schedules seven days in advance;
Ӣ a pay increase if an employee takes on additional hours to their weekly schedule as posted;
”¢ requiring employees be paid half their rate of pay if that employee has hours reduced or is not called in to work when “on call”;
Ӣ allows employees to decline work shifts less than 11 hours after a previous shift and requires time and a half pay if an employee agrees to such a shift schedule;
”¢ requires employers to obtain a worker’s desired hours upon hiring; and
Ӣ requires the employer to plan around the submitted schedule.
Although the bill is limited to companies with at least 500 employees and with at least 30 locations, Connecticut Restaurant Association Executive Director Scott Dolch said he has had conversations with chain-restaurant franchisees that indicate they may not remain, or at least add new stores, in Connecticut.
Those franchisees include McDonald”™s, Subway, Dunkin and Burger King.
Following the Senate”™s vote, CT Working Families State Director Carlos Moreno issued a statement saying the legislation “provides stability and predictability to workers, requiring employers to set schedules in advance, and providing compensation for last-minute changes. The bill also guarantees adequate rest between shifts and requires employers to offer additional shifts to current employees before hiring additional staff.”
Moreno said such laws benefit employees and employers alike: “Employees are able to plan better, balance their schedules, rely on the hours they are scheduled to work and the income they expect to receive, and care for their families and themselves.
“Employers experience far less unplanned absences quite simply because employees are involved in the scheduling process,” he continued. “More so, they experience better employee productivity, retention and even sales.”
But Senate Republican Leader Kevin Kelly (R-Stratford) did not agree, terming SB 668 “an anti-jobs bill that will make it harder for Connecticut’s already struggling job creators. It adds burdens onto our restaurants and hospitality industry ”“ the very businesses that have been most hurt by the pandemic. This bill will only make jobs harder to come by.
“Connecticut lost over 120,000 jobs in 2020,” Kelly saidd. “We must create an economy where job growth can happen and low- and middle-income families can make more money. Now is not the time to be making it more difficult for people without work to find a job. Democrats lost their way and this bill shows how tone deaf they are to the plight of working people.”
Moreno dismissed such comments as “disingenuous attempts by Republicans claiming that these laws are unnecessary and that this bad corporate behavior should remain unchecked. They would rather side with large, multinational corporations than the workers they continually exploit.”
The bill now heads to the state House.
