(5) A growing body of research demonstrates 
that unstable and unpredictable work schedules have 
significant detrimental impacts on sleep quality, 
mental health, and happiness, and are associated 
with unstable child care arrangements and negative 
health and behavioral outcomes for children. And 
impacts are likely to be the most severe for workers 
of color and their families, as workers of color are 
more likely than their White counterparts—even 
compared to White coworkers at the same com-
pany—to experience unstable work schedules. Unsta-
ble and unpredictable work schedules are also associ-
ated with higher rates of turnover, which creates 
further instability for employers and workers. Some 
examples of the detrimental impacts of unstable and 
unpredictable work schedules are as follows: 
(A) Unstable work schedules lead to more 
household economic strain and time conflicts 
and undermine the well-being of parents, all of 
which can negatively impact children’s health 
and behavior. 
(B) Workers with the most severe insta-
bility in their work schedules also face the high-
est risk of negative behavior and health out-
comes for their children. 
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(C) The exposure of a parent to on-call 
shifts and last-minute shift changes are associ-
ated with more unstable child care arrange-
ments and with the use of siblings to provide 
care. 
(D) Work schedule instability causes more 
work-family conflict, which increases the chance 
that a worker will be forced to leave his or her 
job, and is associated with downward mobility 
of the earnings of the worker. 
(E)(i) Relative to White workers, workers 
of color are more likely to— 
(I) have cancelled shifts; 
(II) have on-call shifts; 
(III) be involuntary part-time work-
ers; 
(IV) have trouble getting time off; 
and 
(V) work ‘‘clopening’’ shifts, as de-
scribed in paragraph (3)(B). 
(ii) The statistics described in clause (i) re-
main true after controlling for demographics, 
human capital, worker power, firm segregation, 
and discordance with the race or ethnicity of 
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the worker and the manager. Race gaps in job 
quality are greater for women of color. 
(F) Workers who receive shorter advance 
notice, who work on-call shifts, who experience 
last-minute 
shift 
cancellation 
and 
timing 
changes, or who have more volatile work hours 
are more likely to experience hunger, housing 
insecurity, and greater overall economic hard-
ship. 
(6) Unpredictable and unstable work schedules 
are common in a wide range of occupations, with 
evidence of particular concentration in food service, 
retail, cleaning, hospitality, and warehouse occupa-
tions. These occupations are critically important to 
the United States economy. 
(7) Since 2015, ten municipalities in the United 
States and the State of Oregon have enacted laws 
requiring employers to implement fair scheduling 
practices. Research from 3 municipalities affirms 
that workers in jobs covered by these laws report 
significantly better outcomes than their peers in un-
covered positions, including more predictable sched-
ules and compensation for employer-driven schedule 
changes. Survey research also indicates that covered 
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workers experience improvements in well-being and 
financial security. 
(8) Scheduling practices that benefit employees 
can benefit employers, too. Relative to their peers 
with lower-quality schedules, workers with more 
input, stability, and predictability in their work 
hours report greater job satisfaction and less work 
family-conflict, which can also improve productivity 
and reduce turnover. For example, a randomized ex-
periment demonstrated that improving schedule sta-
bility and predictability for hourly employees at Gap 
Inc. stores increased store productivity and sales. 
(9) This Act is a first step in responding to the 
needs of workers for a voice in the timing of their 
work hours and for more predictable schedules. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) BONA FIDE BUSINESS REASON.—The term 
‘‘bona fide business reason’’ means— 
(A) the identifiable burden of additional 
costs to an employer, including the cost of pro-
ductivity loss, retraining or hiring employees, or 
transferring employees from one facility to an-
other facility; 
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(B) a significant detrimental effect on the 
employer’s ability to meet organizational needs 
or customer demand; 
(C) a significant inability of the employer, 
despite best efforts, to reorganize work among 
existing (as of the date of the reorganization) 
staff; 
(D) a significant detrimental effect on 
business performance; 
(E) insufficiency of work during the peri-
ods an employee proposes to work; 
(F) the need to balance competing sched-
uling requests when it is not possible to grant 
all such requests without a significant detri-
mental effect on the employer’s ability to meet 
organizational needs; or 
(G) such other reason as may be specified 
by the Secretary of Labor (or, as applicable, the 
corresponding administrative officer specified in 
section 7(e)). 
(2) CAREER-RELATED EDUCATIONAL OR TRAIN-
ING
PROGRAM.—The term ‘‘career-related edu-
cational or training program’’ means an educational 
or training program or program of study offered by 
a public, private, or nonprofit career and technical 
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education school, institution of higher education, or 
other entity that provides academic education, career 
and technical education, or training (including reme-
dial education or English as a second language, as 
appropriate), that is a program that leads to a rec-
ognized postsecondary credential (as identified under 
section 122(d) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3152(d))), and provides 
career awareness information. The term includes a 
program allowable under the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3101 et seq.), the 
Carl D. Perkins Career and Technical Education 
Act of 2006 (20 U.S.C. 2301 et seq.), or the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.), 
without regard to whether or not the program is 
funded under the corresponding Act. 
(3) CAREGIVER.—The term ‘‘caregiver’’ means 
an individual with the status of being a significant 
provider of— 
(A) ongoing care or education, including 
responsibility for securing the ongoing care or 
education, of a child; or 
(B) ongoing care, including responsibility 
for securing the ongoing care, of— 
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(i) a person with a serious health con-
dition who is in a family relationship with 
the individual; or 
(ii) a parent of the individual, who is 
age 65 or older. 
(4) CHILD.—The term ‘‘child’’ means, regard-
less of age, a biological, adopted, or foster child, a 
stepchild, a child of a domestic partner, a legal 
ward, or a child of a person standing in loco 
parentis to that child. 
(5) COMMERCE
TERMS.—The terms ‘‘com-
merce’’ and ‘‘industry or activity affecting com-
merce’’ have the meanings given the terms in section 
101 of the Family and Medical Leave Act of 1993 
(29 U.S.C. 2611). 
(6) COVERED EMPLOYER.— 
(A) IN GENERAL.—The term ‘‘covered em-
ployer’’— 
(i) means any person engaged in com-
merce or in any industry or activity affect-
ing commerce who employs 15 or more em-
ployees (described in paragraph (10)(A)); 
(ii) includes any person who acts, di-
rectly or indirectly, in the interest of such 
an employer to any of the employees (de-
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scribed in paragraph (10)(A)) of such em-
ployer; 
(iii) includes any successor in interest 
of such an employer; and 
(iv) includes an agency described in 
subparagraph (A)(iii) of section 101(4) of 
the Family and Medical Leave Act of 1993 
(29 U.S.C. 2611(4)), to which subpara-
graph (B) of such section shall apply. 
(B) RULE.—For purposes of determining 
the number of employees who work for a person 
described in subparagraph (A)(i), all employees 
(described in paragraph (10)(A)) performing 
work for compensation on a full-time, part-time, 
or temporary basis shall be counted, except that 
if the number of such employees who perform 
work for such a person for compensation fluc-
tuates, the number may be determined for a 
calendar year based upon the average number 
of such employees who performed work for the 
person for compensation during the preceding 
calendar year. 
(C) PERSON.—In this paragraph, the term 
‘‘person’’ has the meaning given the term in 
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section 3 of the Fair Labor Standards Act of 
1938 (29 U.S.C. 203). 
(7) COVERED SECTOR EMPLOYEE.—The term 
‘‘covered sector employee’’ means— 
(A) a nonexempt employee who is em-
ployed in a hospitality establishment, in a ware-
house establishment, or in any of the following 
occupations, as described by the Bureau of 
Labor Statistics Standard Occupational Classi-
fication System (as in effect on the day before 
the date of enactment of this Act)— 
(i) retail sales occupations consisting 
of occupations described in 41–1010 and 
41–2000, and all subdivisions thereof, of 
such System, which includes first-line su-
pervisors of sales workers, cashiers, gam-
bling change persons and booth cashiers, 
counter and rental clerks, parts sales-
persons, and retail salespersons; 
(ii) food preparation and serving re-
lated occupations as described in 35–0000, 
and all subdivisions thereof, of such Sys-
tem, which includes supervisors of food 
preparation and serving workers, cooks 
and food preparation workers, food and 
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beverage serving workers, and other food 
preparation and serving related workers; or 
(iii) cleaning occupations as described 
in 37–2011, 37–2012, and 37–2019 of 
such System, which includes janitors and 
cleaners, maids and housekeeping cleaners, 
and building cleaning workers; or 
(B) a nonexempt employee who is em-
ployed in any occupation that is designated by 
the Secretary under section 9(a)(2)(A) as ap-
propriate for coverage under section 4. 
(8) DOMESTIC PARTNER.—The term ‘‘domestic 
partner’’ means the individual recognized as being in 
a relationship with an employee under any domestic 
partnership, civil union, or similar law of the State 
or political subdivision of a State in which the em-
ployee resides. 
(9) EMPLOY.—The term ‘‘employ’’ has the 
meaning given the term in section 3 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203). 
(10) EMPLOYEE.—The term ‘‘employee’’ means 
an individual who is— 
(A) an employee, as defined in section 3(e) 
of the Fair Labor Standards Act of 1938 (29 
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U.S.C. 203(e)), who is not described in any of 
subparagraphs (B) through (G); 
(B) a State employee described in section 
304(a) of the Government Employee Rights Act 
of 1991 (42 U.S.C. 2000e–16c(a)); 
(C) a covered employee, as defined in sec-
tion 101 of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1301), other than an ap-
plicant for employment; 
(D) a covered employee, as defined in sec-
tion 411(c) of title 3, United States Code; 
(E) a Federal officer or employee covered 
under subchapter V of chapter 63 of title 5, 
United States Code (without regard to the limi-
tation in section 6381(1)(B) of that title), who 
is not covered under subparagraph (D); 
(F) an employee of the Library of Con-
gress; or 
(G) an employee of the Government Ac-
countability Office. 
(11) EMPLOYER.—The term ‘‘employer’’ means 
a person— 
(A) who is— 
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(i) a covered employer, as defined in 
paragraph (6), who is not described in any 
of clauses (ii) through (vii); 
(ii) an entity employing a State em-
ployee described in section 304(a) of the 
Government Employee Rights Act of 1991; 
(iii) an employing office, as defined in 
section 101 of the Congressional Account-
ability Act of 1995; 
(iv) an employing office, as defined in 
section 411(c) of title 3, United States 
Code; 
(v) an employing agency covered 
under subchapter V of chapter 63 of title 
5, United States Code; 
(vi) the Librarian of Congress; or 
(vii) the Comptroller General of the 
United States; and 
(B) who is engaged in commerce (including 
government), in the production of goods for 
commerce, or in an enterprise engaged in com-
merce (including government) or in the produc-
tion of goods for commerce. 
(12) FAMILY RELATIONSHIP.—The term ‘‘fam-
ily relationship’’ means a relationship with— 
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(A) a child, spouse, domestic partner, par-
ent, grandchild, grandparent, sibling, or parent 
of a spouse or domestic partner; or 
(B) any individual related to the employee 
involved by blood or affinity, whose close asso-
ciation with the employee is the equivalent of a 
family relationship described in subparagraph 
(A). 
(13) GRANDCHILD.—The term ‘‘grandchild’’ 
means the child of a child. 
(14) GRANDPARENT.—The term ‘‘grandparent’’ 
means the parent of a parent. 
(15) 
HOSPITALITY
ESTABLISHMENT.—The 
term ‘‘hospitality establishment’’ means a hotel, 
motel, inn, or similar transient lodging establish-
ment. 
(16) MINIMUM NUMBER OF EXPECTED WORK 
HOURS.—The term ‘‘minimum number of expected 
work hours’’ means the minimum number of hours 
an employee will be assigned to work on a weekly or 
monthly basis. 
(17) NONEXEMPT EMPLOYEE.—The term ‘‘non-
exempt employee’’ means an employee who is not 
employed in a bona fide executive, administrative, or 
professional capacity, as defined and delimited for 
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purposes of section 13(a)(1) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 213(a)(1)). 
(18) ON-CALL SHIFT.—The term ‘‘on-call shift’’ 
means any time during which an employer requires 
an employee to— 
(A) be available to work; and 
(B) contact the employer or the designee 
of the employer, or wait to be contacted by the 
employer or designee, to determine whether the 
employee is required to report to work at that 
time. 
(19) PARENT.—The term ‘‘parent’’ means a bi-
ological or adoptive parent, a stepparent, or a person 
who stood in a parental relationship to an employee 
when the employee was a child. 
(20) PARENTAL
RELATIONSHIP.—The term 
‘‘parental relationship’’ means a relationship in 
which a person assumed the obligations incident to 
parenthood for a child and discharged those obliga-
tions before the child reached adulthood. 
(21) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Labor. 
(22) SERIOUS HEALTH CONDITION.—The term 
‘‘serious health condition’’ has the meaning given 
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the term in section 101 of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2611). 
(23) SIBLING.—The term ‘‘sibling’’ means a 
brother or sister, whether related by half blood, 
whole blood, or adoption or as a stepsibling. 
(24) SPLIT
SHIFT.—The term ‘‘split shift’’ 
means a schedule of daily hours in which the hours 
worked are not consecutive, except that— 
(A) a schedule in which the total time out 
for meals does not exceed one hour shall not be 
treated as a split shift; and 
(B) a schedule in which the break in the 
employee’s work shift is requested by the em-
ployee shall not be treated as a split shift. 
(25) SPOUSE.—The term ‘‘spouse’’ means a 
person with whom an individual entered into— 
(A) a marriage as defined or recognized 
under State law in the State in which the mar-
riage was entered into; or 
(B) in the case of a marriage entered into 
outside of any State, a marriage that is recog-
nized in the place where entered into and could 
have been entered into in at least 1 State. 
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(26) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 3 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203). 
(27) WAREHOUSE ESTABLISHMENT.—The term 
‘‘warehouse establishment’’ means any business that 
engages primarily in the storage of goods, wares, or 
commodities for hire or compensation, and, in con-
nection with such storage, may include the loading, 
packing, sorting, stacking, wrapping, distribution, or 
delivery of those goods, wares, or commodities. 
(28) WORK
SCHEDULE.—The term ‘‘work 
schedule’’ means all of an employee’s work shifts 
and on-call shifts, including specific start and end 
times for each shift, during a consecutive 7-day pe-
riod. 
(29) WORK
SCHEDULE
CHANGE.—The term 
‘‘work schedule change’’ means any modification to 
an employee’s work schedule, such as an addition or 
reduction of hours, cancellation of a shift, or a 
change in the date or time of a work shift, by an 
employer. 
(30) WORK
SHIFT.—The term ‘‘work shift’’ 
means the specific hours of the workday during 
which an employee works. 
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SEC. 3. RIGHT TO REQUEST AND RECEIVE A FLEXIBLE, 
PREDICTABLE, OR STABLE WORK SCHEDULE. 
(a) RIGHT TO REQUEST.—An employee may request 
from their employer a change in the terms and conditions 
of employment as they relate to factors including— 
(1) the number of hours the employee is re-
quired to work or be on call for work; 
(2) the times when the employee is required to 
work or be on call for work; 
(3) the location where the employee is required 
to work; 
(4) the amount of notification the employee re-
ceives of work schedule assignments; and 
(5) minimizing fluctuations in the number of 
hours the employee is scheduled to work on a daily, 
weekly, or monthly basis. 
(b) EMPLOYER OBLIGATION TO ENGAGE
IN
AN 
INTERACTIVE PROCESS.— 
(1) IN GENERAL.—If an employee requests a 
change in the terms and conditions of employment 
as set forth in subsection (a), the employer shall en-
gage in a timely, good-faith interactive process with 
the employee that includes a discussion of potential 
schedule changes that would meet the employee’s 
needs. 
(2) RESULT.—Such process shall result in— 
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