AB866: Bill Text

AB866,9,12 (b) Employer-initiated changes to work schedules without advance notice. 1. An employer may change, without the advance notice required under par. (a) 2., a work schedule provided to a service employee under par. (a) 1. or 2. as provided in this paragraph. Except as provided under subd. 2., if the employer changes a work schedule provided to a service employee under par. (a) 1. or 2. less than 14 days before the new work schedule begins, the employer shall provide the service employee compensation for the change in an amount equal to the service employee's regular rate of pay for one hour of work in addition to any other compensation earned by the service employee.

AB866,9,15 2. An employer is not required to pay compensation to a service employee under subd. 1. for a change to the service employee's work schedule if any of the following applies to the change:

AB866,9,16 a. The service employee consents to the change.

AB866,9,19 b. The employer requires the service employee to work additional time or an additional work shift because another service employee was scheduled to work that time or work shift and is unexpectedly unavailable to do so.

AB866,9,24 (c) Employee-initiated changes to work schedules. An employer may allow a service employee to agree to work in place of another service employee if the service employees mutually agree to the change. The employer is not required to provide compensation under par. (b) 1. to a service employee with respect to a work shift trade under this paragraph.

AB866,10,5 (d) Compensation for reporting time, on-call time, and split shifts. 1. Except as provided in subd. 4., if a service employee reports to work and the service employee's employer does not allow the service employee to work all time that the service employee is scheduled to work, the employer shall provide the service employee with the following compensation:

AB866,10,9 a. If the service employee is scheduled to work 4 hours or less, an amount equal to the service employee's regular rate of pay for all time the service employee is scheduled to work but does not work in addition to any other compensation earned by the service employee for time the service employee actually works.

AB866,10,14 b. If the service employee is scheduled to work more than 4 hours and works less than 4 hours, an amount equal to the service employee's regular rate of pay for the difference between 4 hours and the amount of time the service employee actually works in addition to any other compensation earned by the service employee for time the service employee actually works.

AB866,10,21 2. Except as provided in subd. 4., if an employer requires a service employee to contact the employer, or wait to be contacted by the employer, less than 24 hours before a work shift to determine whether the employer will require the service employee to report to work for that work shift, the employer shall provide the service employee compensation in an amount equal to the service employee's regular rate of pay for one hour of work in addition to any other compensation earned by the service employee for time the service employee actually works.

AB866,11,2 3. Except as provided in subd. 4, if an employer requires a service employee to work a split shift, the employer shall provide the service employee compensation in an amount equal to the service employee's regular rate of pay for one hour of work in addition to any other compensation earned by the service employee for time the service employee actually works.

AB866,11,6 4. If a service employee is entitled to more than one type of compensation under subds. 1. to 3. with respect to a particular work shift, the employer shall pay the service employee the compensation required under subd. 1., 2., or 3., whichever is greatest.

AB866,11,12 (e) Manner of payment of additional compensation. An employer that is required to provide compensation to a service employee under par. (b) 1. or (d) shall pay that compensation on the service employee's regular pay check or other wage payment. The employer shall identify on the pay check, pay envelope, or paper accompanying the wage payment the amount of and reason for all additional compensation paid.

AB866,11,15 (f) Exception. An employer is not required to comply with this subsection during a period in which the employer's regular operations are suspended due to an event outside of the employer's control.

AB866,11,23 (g) Designating additional covered occupations. The department may promulgate rules to apply the protections afforded under pars. (a) to (f) to additional occupations. The department may designate an occupation under this paragraph if the department determines that at least 10 percent of the individuals employed in the occupation either typically receive notice of changes to their work schedules less than 14 days before the change takes effect or regularly experience fluctuations in the number of hours the individuals are scheduled to work on a daily, weekly, or monthly basis.

AB866,12,5 (4) Prohibited acts. (a) No employer may interfere with, restrain, or deny the exercise of the right of an employee to request and receive a change in the terms and conditions of employment as provided under sub. (2). No employer may interfere with, restrain, or deny the exercise of the right of a service employee to receive advance notice of work schedules as provided under sub. (3) (a), receive compensation as provided under sub. (3) (b) 1. and (d), or request approval to trade work shifts as provided under sub. (3) (c).

AB866,12,12 (b) No employer may discharge or discriminate against an employee in promotion, in compensation, or in the terms, conditions, or privileges of employment for exercising a right of an employee described under par. (a), opposing a practice prohibited under this section, filing or indicating an intent to file a complaint or otherwise attempting to enforce a right under this section, or testifying, assisting, or participating in any manner in any investigation, action, or proceeding to enforce a right under this section.

AB866,12,20 (5) Enforcement. (a) Administrative proceeding. An employee whose rights are interfered with, restrained, or denied in violation of sub. (4) (a) or who is discharged or discriminated against in violation of sub. (4) (b) may file a complaint with the department, and the department shall process the complaint in the same manner that employment discrimination complaints are processed under s. 111.39. If the department finds that a violation has occurred, the department may order the employer to take action to remedy the violation, including any action authorized under s. 111.39.

AB866,12,25 (b) Civil action. 1. The department or an employee whose rights are interfered with, restrained, or denied in violation of sub. (4) (a) or who is discharged or discriminated against in violation of sub. (4) (b) may bring an action in circuit court against an employer on the basis of the violation without regard to exhaustion of any administrative remedy.

AB866,13,3 2. In an action under subd. 1., if the circuit court finds that a violation of sub. (4) (a) or (b) has occurred with respect to an employee, the circuit court shall order the defendant to pay to the employee all of the following:

AB866,13,5 a. Compensatory damages in an amount that the circuit court or jury finds appropriate.

AB866,13,10 b. Unless the employer proves that the employer acted in good faith and had a reasonable basis for believing that the act or omission that constituted the violation was not a violation of this section, an additional amount as liquidated damages equal to 100 percent of the amount of compensatory damages determined under subd. 2. a.

AB866,13,12 c. Notwithstanding s. 814.04 (1), reasonable attorney fees and costs incurred in the action.

AB866,13,14 3. Damages awarded under subd. 2. are in addition to any back pay or other amounts awarded under s. 111.39 or 111.395.

AB866,13,17 (6) Penalties. In addition to any damages imposed under sub. (5), an employer that willfully violates this section may be required to forfeit not more than $1,000 for each violation. Each day of continued violation constitutes a separate offense.

AB866,13,21 (7) Notice posted. An employer shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees' rights under this section. An employer that violates this subsection shall forfeit not more than $100 for each violation.

AB866,2 Section 2. 111.322 (2m) (a) of the statutes is amended to read:

AB866,14,2 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.035, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB866,3 Section 3. 111.322 (2m) (b) of the statutes is amended to read:

AB866,14,7 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.035, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB866,4 Section 4 . Nonstatutory provisions.

AB866,14,19 (1) Predictable work schedules for retail, food service, and cleaning employees; transitional provisions. No later than the effective date of this subsection, an employer, as defined in section 103.035 (1) (e) of the statutes, shall provide each service employee, as defined in section 103.035 (1) (L) of the statutes, with a written copy of the service employee's work schedule, as defined in section 103.035 (1) (o) of the statutes. That work schedule is considered a work schedule provided to a service employee under section 103.035 (3) (a) 2. of the statutes for all purposes under section 103.035 of the statutes, including that the employer shall post a copy of the work schedule as provided in section 103.035 (3) (a) 3. of the statutes and, if the employer changes that work schedule, section 103.035 (3) (a) 2. of the statutes applies to that change.

AB866,5 Section 5. Initial applicability.

AB866,14,24 (1) This act first applies to an employee who is covered by a collective bargaining agreement that contains provisions inconsistent with section 103.035 of the statutes on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.

AB866,6 Section 6 . Effective date.

AB866,15,2 (1) This act takes effect on the first day of the 6th month beginning after publication.

AB866,15,3 (End)