Schedules That Work Act
- Sponsor
- Rep. DeLauro, Rosa L. [D-CT-3]
- Committees
- Judiciary Committee (primary)
- Last action
- Dec 17, 2025
Bottom line
The bill aims to provide greater work schedule predictability and flexibility for a broad range of employees, particularly those in low-wage, hourly positions, by establishing new rights and compensation requirements for employers.
What it actually does
This bill establishes a federal right for employees to request changes to their work schedules without fear of retaliation, requiring employers to engage in an interactive process. For employees in specific "covered sectors" (retail, food service, cleaning, hospitality, warehouse, and others designated by the Secretary of Labor), it mandates advance notice of schedules, "predictability pay" for last-minute changes, and "split shift pay." It also grants all employees the right to decline shifts less than 11 hours apart and receive premium pay if they consent to work them.
Proponents argue
Supporters argue the bill addresses the significant challenges faced by workers, especially low-wage earners and caregivers, due to unpredictable and unstable work schedules. They contend that stable schedules improve workers' well-being, family stability, access to education, and financial security, while also benefiting employers through increased productivity and reduced turnover.
Opponents contend
Critics might argue that the bill imposes significant new compliance burdens and costs on businesses, particularly small businesses, potentially leading to reduced flexibility for employers, fewer available shifts, or increased automation. They may contend that the "predictability pay" and "split shift pay" requirements could make it harder for businesses to respond to fluctuating consumer demand or unexpected operational needs.
The bill is moderately detailed, requiring careful reading to understand the various definitions and requirements, but it is generally accessible.
Section 3
Employee Right to Request Schedule Changes
This section allows any employee to request changes to their work schedule, including hours, times, location, notice period, and stability of hours. Employers must engage in a good-faith interactive process to discuss these requests. If the request is due to a serious health condition, caregiving responsibilities, enrollment in education/training, or another job, the employer must grant it unless there's a bona fide business reason for denial. Other requests can be denied for any non-unlawful reason.
Supporters argue
Supporters argue this provision empowers workers to better balance work and life responsibilities, particularly for those with caregiving duties or pursuing education, without fear of reprisal. It promotes dialogue between employees and employers, leading to mutually beneficial solutions.
Critics contend
Critics might argue this provision creates an undue administrative burden on employers, especially small businesses, by requiring a formal interactive process for all schedule requests. They may contend it could limit employer flexibility in managing staffing needs.
Tradeoffs
Balances employee need for flexibility with employer operational needs. The "bona fide business reason" clause is intended to provide employers with a defense, but its interpretation could be a point of contention.
Section 4
Advance Notice and Premium Pay for Covered Sector Employees
This section mandates that employers provide covered sector employees (retail, food service, cleaning, hospitality, warehouse, and others designated by the Secretary) with their work schedules at least 14 days in advance. Failure to do so incurs a $75 per day penalty. Last-minute schedule changes (less than 14 days notice) require "predictability pay": one extra hour at regular rate for added hours or changed shifts (no loss of hours), or half the regular rate for hours reduced or cancelled. It also requires one extra hour of pay at the regular rate for each split shift worked.
Section 5
Right to 11-Hour Rest Period Between Shifts
This section allows employees of covered employers to decline work shifts that start less than 11 hours after their previous shift ended, without penalty. If an employee consents in writing to work such a "clopening" shift, they must be compensated at 1.5 times their regular rate of pay for the hours worked within that 11-hour window.
Section 6
Anti-Retaliation and Interference Protections
This section makes it unlawful for employers to interfere with, restrain, or deny any rights provided under the Act (sections 3, 4, or 5). It specifically prohibits retaliation against employees for exercising their rights, requesting schedule changes (especially for reasons like serious health conditions or caregiving), or participating in any inquiry or proceeding related to the Act.
Section 7
Enforcement Mechanisms and Penalties
This section grants the Secretary of Labor investigative authority similar to the Fair Labor Standards Act. Employees can bring civil actions for damages (wages, benefits, monetary losses, interest, liquidated damages) and equitable relief (employment, reinstatement, promotion). Courts can award attorney's fees. The Secretary can also bring actions and assess civil penalties: $500-$1,000 for willful/repeated violations of sections 4 or 5, and $1,100-$5,000 for willful/repeated retaliation (section 6(b) or (c)). Actions must be brought within 2 years, or 3 years for willful violations.
Section 9
Regulatory Authority and Designation of Additional Covered Occupations
This section directs the Secretary of Labor to issue implementing regulations within 180 days. Crucially, it mandates regulations for a process to designate additional occupations for coverage under Section 4 (advance notice, predictability pay, split shift pay). An occupation can be designated if at least 10% of its workers receive less than 14 days' notice or experience fluctuating hours, or if the Secretary otherwise deems it appropriate.
Section 10
Research, Education, and Data Collection
This section directs the Secretary of Labor to provide information and technical assistance to employers, labor organizations, and the public on compliance. It also mandates a continuing program of research, education, and technical assistance, including pilot programs for fair work schedules and evaluation of their results. The Secretary, through the Bureau of Labor Statistics, is also required to include questions on schedule fluctuation, advance notice, employee input, and preferred hours in the Current Population Survey, and to regularly update other relevant surveys.
Section 12
Collective Bargaining Agreement Exemption
This Act does not apply to employees covered by a valid collective bargaining agreement if the agreement includes terms governing work scheduling practices and expressly waives the provisions of this Act.
For determining if an employer has 15 or more employees (to be a "covered employer"), all full-time, part-time, or temporary employees working for compensation are counted. If the number fluctuates, the average from the preceding calendar year can be used.
Section 2(6)(B)
Why it matters:Standard legislative practice for defining applicability thresholds, but crucial for determining which businesses are subject to the Act.
Case for: Provides clarity and a consistent method for employers to determine if they meet the employee threshold, especially for businesses with seasonal or fluctuating workforces.
Case against: Could be seen as complex for small businesses to track, though the "average" method aims to simplify.
Estimated impact: Clarifies applicability for potentially thousands of businesses, particularly those near the 15-employee threshold.
Defines "covered sector employee" to include nonexempt employees in hospitality, warehouse, retail sales, food preparation, and cleaning occupations. It also includes any other occupation designated by the Secretary of Labor under Section 9(a)(2)(A).
Section 2(7)
Why it matters:Standard legislative practice to define terms and delegate future expansion authority, but the delegation of power to the Secretary is a significant policy choice.
Case for: Allows the law to adapt to changing economic conditions and address scheduling issues in other industries as they arise, without requiring new legislation.
Case against: Critics might argue this grants too much power to an unelected official to expand the scope of the law, potentially impacting industries not initially considered by Congress.
Estimated impact: The initial impact is on millions of workers and businesses in the listed sectors. The potential impact could extend to millions more if the Secretary designates additional occupations.
Section 3(c) requires employers to grant schedule requests made for specific reasons (serious health condition, caregiving, education, another job) unless there's a bona fide business reason for denial. Section 3(d) allows employers to deny other requests for any non-unlawful reason.
Sections 3(c) and 3(d)
Why it matters:This differentiation is a policy choice to prioritize certain types of employee needs, but it's not explicitly highlighted as a major policy shift.
Case for: Prioritizes critical life needs (health, family, education) and economic necessity (another job) by placing a higher burden on employers to justify denials for these reasons.
Case against: Critics might argue that all requests should be treated equally or that the "bona fide business reason" standard for some requests still leaves too much room for employer discretion.
Estimated impact: Significantly strengthens the position of employees with specific, high-priority needs when requesting schedule changes.