HB 5353 - Fair Work Week Schedule

• Applies to retail, food service, and hospitality employers with at least 500 employees nationally or globally, or restaurant chains with 30+ locations, effective October 1, 2022

• Requires employers to obtain written statements of employee availability and desired weekly hours upon hiring, and provide written estimates of expected work schedules including average hours, minimum/maximum hours, and shift lengths

• Mandates employers post work schedules at least 14 days in advance in a conspicuous location and transmit electronically to employees, and notify employees of schedule changes as soon as possible

• Requires employers to pay employees one hour at regular rate for late schedule changes (less than 7 days notice) adding/changing shifts, and one-half regular rate for cancelled scheduled hours; provides employees right to decline shifts with less than 11 hours rest between shifts

• Allows employees to request schedule adjustments and requires employers to consider such requests through an interactive process; establishes civil penalties of $200-$500 per employee per violation and allows whistleblower actions with 75% of recovered penalties going to enforcement division