Federal RuleAug 21
62
DOL Rewrites Disability Rules for 'Merit-Based Opportunity' Push
RuleLabor DepartmentFederal Contract Compliance Programs OfficeSignificant Wallet
119-s-3550119th CongressWALLET
Schedules That Work Act
Sponsored By: Senator Warren, Elizabeth [D-MA]
Introduced
Summary
Stable, predictable work schedules. This bill would create a statutory right for many hourly workers to request predictable hours, require 14 days' advance schedules or pay when schedules change, and set minimum rest and pay protections.
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- Workers and families: Covered employees in retail, food service, hospitality, cleaning, and warehouses would get a right to request schedule changes and must be given 14 days' notice or receive predictability pay. The bill also guarantees an 11-hour rest period between shifts and stronger protections for caregiving, health, education, and second-job needs.
- Employers and workplaces: Employers with 15 or more employees would have to engage in a timely, good-faith interactive process, conspicuously post schedules, itemize predictability and split-shift pay on pay stubs, and face $75 per day penalties for failing to provide required advance notice plus civil penalties for willful violations.
- Government, data, and pilots: The Secretary of Labor would write rules and may designate additional occupations. The Bureau of Labor Statistics and Census must add scheduling questions to major surveys and the bill requires pilot programs, technical assistance, and outreach to test and spread predictable-scheduling practices.
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 5 benefits, 0 costs, 3 mixed.
Employee lawsuits for schedule violations
If enacted, employees could sue for violations of scheduling rights. You would be able to recover lost pay, benefits, and interest. Courts could also award extra liquidated damages equal to lost pay plus interest unless the court waives them for employer good faith. Suits would generally be filed within 2 years, or 3 years for willful violations.
Advance notice and predictability pay
If enacted, covered employees would receive posted work schedules at least 14 days before they start; new hires would get a schedule by their first day. Employers who fail to give required advance notice would pay each affected employee $75 per day. Last‑minute schedule changes (less than 14 days' notice) would trigger predictability pay: an extra hour at your regular rate when hours are added or date/time/location changes without reducing hours, or at least half your regular rate for each scheduled hour canceled or reduced.
Right to 11-hour rest and extra pay
If enacted, covered employees could decline shifts that start less than 11 hours after their prior shift. Employees may give written consent to work with less rest and may revoke that consent. If you work a shift that violates the 11‑hour rest rule, the employer would pay 1.5 times your scheduled rate for those hours.
Right to request schedule changes
If enacted, employees could request changes to hours, on‑call status, shift times, work location, or reduced hour volatility. Employers would need to engage in a timely, good‑faith interactive process and either grant or give a written denial stating bona fide business reasons. Requests tied to serious health conditions, caregiving, career training, or another job generally would have to be granted unless the employer shows a bona fide business reason.
DOL enforcement and employer fines
If enacted, the Labor Department would get inspection and subpoena powers to enforce the bill and could require employers to keep records. The Secretary would normally ask for records no more than once every 12 months unless there is cause. Employers who willfully fail to post the required worker notice could be fined up to $100 per offense. Willful and repeated violations could trigger civil fines of $500–$1,000 per scheduling violation and $1,100–$5,000 per retaliation/interference violation.
Which employers and jobs are covered
If enacted, an employer would be "covered" if it has 15 or more employees, counting full‑, part‑time, and temporary workers (you may use last year's average if numbers fluctuate). Covered sector employees would include nonexempt workers in hospitality, warehouses, and specified retail, food service, and cleaning occupations. The Labor Secretary would write rules within 180 days to add occupations if at least 10% of workers in an occupation usually get less than 14 days' notice or have frequent schedule fluctuations.
Pilots, data, and schedule research
If enacted, the Labor Department would run pilots and offer technical help testing fairer scheduling ideas like longer notice, minimum‑hour guarantees, and cross‑training. The Census and BLS would add questions on schedule notice, hour fluctuations, and employee input to regular surveys to better measure schedule instability.
Union waivers and state law protection
If enacted, a valid collective bargaining agreement that includes scheduling terms and expressly waives this bill would keep its scheduling rules and exempt those employees. The bill would also say it sets minimum standards and would not override State or local laws that give workers stronger protections.
Sponsors & CoSponsors
Sponsor
Warren, Elizabeth [D-MA]
MA • D
Cosponsors
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 12/17/2025
Sen. Van Hollen, Chris [D-MD]
MD • D
Sponsored 12/17/2025
Sen. Baldwin, Tammy [D-WI]
WI • D
Sponsored 12/17/2025
Sen. Durbin, Richard J. [D-IL]
IL • D
Sponsored 12/17/2025
Sen. Reed, Jack [D-RI]
RI • D
Sponsored 12/17/2025
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 12/17/2025
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 12/17/2025
Sen. Sanders, Bernard [I-VT]
VT • I
Sponsored 12/17/2025
Sen. Whitehouse, Sheldon [D-RI]
RI • D
Sponsored 12/17/2025
Sen. Murphy, Christopher [D-CT]
CT • D
Sponsored 12/17/2025
Sen. Klobuchar, Amy [D-MN]
MN • D
Sponsored 12/17/2025
Sen. Duckworth, Tammy [D-IL]
IL • D
Sponsored 12/17/2025
Sen. Welch, Peter [D-VT]
VT • D
Sponsored 12/17/2025
Sen. Schumer, Charles E. [D-NY]
NY • D
Sponsored 12/17/2025
Sen. Hirono, Mazie K. [D-HI]
HI • D
Sponsored 12/17/2025
Sen. Merkley, Jeff [D-OR]
OR • D
Sponsored 12/17/2025
Sen. Wyden, Ron [D-OR]
OR • D
Sponsored 12/17/2025
Sen. Murray, Patty [D-WA]
WA • D
Sponsored 12/17/2025
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 12/17/2025
Sen. Fetterman, John [D-PA]
PA • D
Sponsored 12/17/2025
Roll Call Votes
No roll call votes available for this bill.
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