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AB486,1 1Section 1. 103.035 of the statutes is created to read:
AB486,3,3 2103.035 Work schedule flexibility and predictability. (1) Definitions.
3In this section:
AB486,3,64 (a) “Bona fide business reason” means a reason that justifies an employer's
5action and that is based on the employer's determination that taking a different
6action would have any of the following results:
AB486,3,97 1. Additional costs to the employer, including costs of lost employee
8productivity, retaining or hiring employees, or transferring employees between work
9locations.
AB486,4,2
12. A significant detrimental effect on the employer's ability to meet
2organizational needs or customer demand.
AB486,4,43 3. A significant inability of the employer, despite the employer's best efforts,
4to reorganize work among other employees.
AB486,4,55 4. A significant detrimental effect on the employer's business performance.
AB486,4,66 5. Insufficient work during the period an employee proposes to work.
AB486,4,97 6. Unfairness to other employees who request changes to work schedules if
8granting all requests would have a significant detrimental effect on the employer's
9ability to meet organizational needs.
AB486,4,1010 (b) “Child” means an individual who is all of the following:
AB486,4,1211 1. A biological, adopted, or foster child; a stepchild; a legal ward; or a child of
12a person standing in the place of a parent with respect to that child.
AB486,4,1313 2. An individual to whom any of the following applies:
AB486,4,1414 a. The individual is less than 18 years of age.
AB486,4,1615 b. The individual is 18 years of age or older and is incapable of self-care because
16of a mental or physical disability.
AB486,4,1717 (c) “Domestic partner” has the meaning given in s. 40.02 (21c) or 770.01 (1).
AB486,4,1818 (d) “Employee” means an employee who is employed by an employer.
AB486,4,2319 (e) “Employer” means an employer that employs at least 15 employees.
20“Employer” includes the state, its political subdivisions, and any office, department,
21independent agency, authority, institution, association, society, or other body in state
22or local government created or authorized to be created by the constitution or any
23law, including the legislature and the courts.
AB486,4,2424 (f) “Family member” means any of the following:
AB486,4,2525 1. A spouse or domestic partner of an employee.
AB486,5,2
12. A parent, child, sibling, brother-in-law, sister-in-law, grandparent, or
2grandchild of an employee or of an employee's spouse or domestic partner.
AB486,5,63 3. Any other individual who is related by blood, marriage, or adoption to an
4employee or to an employee's spouse or domestic partner and whose close association
5with the employee, spouse, or domestic partner makes the individual the equivalent
6of a family member of the employee, spouse, or domestic partner.
AB486,5,77 (g) “Grandchild” means the child of a child.
AB486,5,88 (h) “Grandparent” means the parent of a parent.
AB486,5,119 (i) “Nonexempt employee” means an employee who is not employed in a bona
10fide executive, administrative, or professional capacity, as described in 29 USC 213
11(a) (1).
AB486,5,1412 (j) “Parent” means a biological parent, foster parent, adoptive parent,
13stepparent, or legal guardian of an employee or of an employee's spouse or domestic
14partner.
AB486,5,1615 (k) “Part-time employee” means an employee who works on average fewer than
1630 hours per week for a particular employer.
AB486,5,2117 (L) “Service employee” means a nonexempt employee who is employed in an
18occupation designated by the department under sub. (3) (g) or in any of the
19occupations classified under the following codes set forth in the Standard
20Occupational Classification system, 2018 edition, published by the bureau of labor
21statistics of the U.S. department of labor:
AB486,5,2322 1. Major group code 35-0000 — Food preparation and serving related
23occupations.
AB486,5,2424 2. Broad occupation code 37-2010 — Building cleaning workers.
AB486,6,2
13. Detailed occupation code 41-1011 — First-line supervisors of retail sales
2workers.
AB486,6,33 4. Minor group code 41-2000 — Retail sales workers.
AB486,6,54 (m) “Sibling” means a brother, sister, half brother, half sister, stepbrother,
5stepsister, foster brother, or foster sister, whether by blood, marriage, or adoption.
AB486,6,86 (n) “Split shift” means a work shift that consists of work time that is not
7continuous. For purposes of determining whether a work shift is continuous, any of
8the following breaks in work time are not considered:
AB486,6,99 1. One or more breaks for meals that total one hour or less.
AB486,6,1010 2. A break that is requested by the employee.
AB486,6,1311 (o) “Work schedule” means the days and times during each successive work
12period when an employee is required by an employer to perform duties of
13employment.
AB486,6,1514 (p) “Work shift” means the specific times during a day that an employer
15requires an employee to work.
AB486,6,1716 (q) “Written” does not include a communication that is transmitted or received
17by electronic means.
AB486,6,20 18(2) Employee right to request and receive work schedule changes. (a)
19Employee right to request work schedule changes. 1. An employee may request a
20change in the terms and conditions of employment related to any of the following:
AB486,6,2121 a. The number of hours the employee is required to work or be on call for work.
AB486,6,2322 b. The days or times when the employee is required to work or be on call for
23work.
AB486,6,2424 c. The location where the employee is required to work.
AB486,7,2
1d. The amount of notification the employee receives regarding changes to the
2employee's work schedule.
AB486,7,43 e. Minimizing fluctuations in the number of hours the employee is scheduled
4to work on a daily, weekly, or monthly basis.
AB486,7,65 2. An employee who makes a request under subd. 1. shall specify in the request
6whether it is related to any of the following:
AB486,7,77 a. A serious health condition, as defined under s. 103.10 (1) (g), of the employee.
AB486,7,118 b. The employee's responsibilities as a significant provider of ongoing care,
9including responsibility for securing ongoing care, of the employee's child, family
10member with a serious health condition, as defined under s. 103.10 (1) (g), or parent
11who is 65 years of age or older.
AB486,7,1312 c. The employee's responsibilities as a significant provider of education,
13including responsibility for securing education, of the employee's child.
AB486,7,1514 d. The employee's enrollment in an educational or training program or program
15of study that leads to a recognized postsecondary credential.
AB486,7,1716 e. If the employee is a part-time employee, conflicts with the employee's other
17employment.
AB486,7,2518 (b) Evaluating requests for work schedule changes. If an employer receives a
19request from an employee under par. (a), the employer shall either grant the request
20without modification or negotiate in good faith with the employee to find a
21compromise that meets the employee's and the employer's work scheduling needs,
22including by considering any alternative proposals offered by the employee. If the
23employer denies the request and any alternative proposals offered, the employer
24shall inform the employee of the reasons for denial, including whether any of the
25reasons is a bona fide business reason.
AB486,8,5
1(c) Requests related to serious health conditions, caregiving, education, or other
2part-time employment.
Notwithstanding par. (b), if an employer receives a request
3from an employee under par. (a) that is directly related to anything specified under
4par. (a) 2., the employer shall grant the request unless the employer has a bona fide
5business reason for denying the request.
AB486,8,106 (d) Verification of reasons for requested changes. If an employer receives a
7request from an employee under par. (a), the employer may require the employee to
8provide additional information to clarify or explain the reasons for the employee's
9requested work schedule change if the employer needs that information to properly
10evaluate the request under par. (b) or (c).
AB486,8,14 11(3) Predictable work schedules for retail, food service, and cleaning
12employees.
(a) Advance notice of work schedules required. 1. On or before the first
13day of work of a new service employee, an employer shall provide the service
14employee with a written copy of the service employee's work schedule.
AB486,8,1815 2. Except as provided in pars. (b) and (c), if an employer changes a work
16schedule provided to a service employee under subd. 1. or this subdivision, the
17employer shall provide the service employee with a written copy of the new work
18schedule no later than 14 days before the new work schedule begins.
AB486,8,2019 3. An employer shall post a copy of a work schedule provided under this
20paragraph in at least one of the following ways:
AB486,8,2221 a. In one or more conspicuous places where notices to employees are
22customarily posted.
AB486,8,2323 b. On an Internet site accessible by all of the employer's employees.
AB486,8,2524 4. If an employer changes a work schedule after it is posted under subd. 3., the
25employer shall revise the posted work schedule to reflect those changes.
AB486,9,9
1(b) Employer-initiated changes to work schedules without advance notice. 1.
2An employer may change, without the advance notice required under par. (a) 2., a
3work schedule provided to a service employee under par. (a) 1. or 2. as provided in
4this paragraph. Except as provided under subd. 2., if the employer changes a work
5schedule provided to a service employee under par. (a) 1. or 2. less than 14 days before
6the new work schedule begins, the employer shall provide the service employee
7compensation for the change in an amount equal to the service employee's regular
8rate of pay for one hour of work in addition to any other compensation earned by the
9service employee.
AB486,9,1210 2. An employer is not required to pay compensation to a service employee under
11subd. 1. for a change to the service employee's work schedule if any of the following
12applies to the change:
AB486,9,1313 a. The service employee consents to the change.
AB486,9,1614 b. The employer requires the service employee to work additional time or an
15additional work shift because another service employee was scheduled to work that
16time or work shift and is unexpectedly unavailable to do so.
AB486,9,2117 (c) Employee-initiated changes to work schedules. An employer may allow a
18service employee to agree to work in place of another service employee if the service
19employees mutually agree to the change. The employer is not required to provide
20compensation under par. (b) 1. to a service employee with respect to a work shift
21agreement under this paragraph.
AB486,9,2422 (d) Compensation for reporting time, on-call time, and split shifts. 1. Except
23as provided in subd. 4., if a service employee reports to work and the service
24employee's employer does not allow the service employee to work all time that the

1service employee is scheduled to work, the employer shall provide the service
2employee with the following compensation:
AB486,10,63 a. If the service employee is scheduled to work 4 hours or less, an amount equal
4to the service employee's regular rate of pay for all time the service employee is
5scheduled to work but does not work in addition to any other compensation earned
6by the service employee for time the service employee actually works.
AB486,10,117 b. If the service employee is scheduled to work more than 4 hours and works
8less than 4 hours, an amount equal to the service employee's regular rate of pay for
9the difference between 4 hours and the amount of time the service employee actually
10works in addition to any other compensation earned by the service employee for time
11the service employee actually works.
AB486,10,1812 2. Except as provided in subd. 4., if an employer requires a service employee
13to contact the employer, or wait to be contacted by the employer, less than 24 hours
14before a work shift begins to determine whether the employer will require the service
15employee to report to work for that work shift, the employer shall provide the service
16employee compensation in an amount equal to the service employee's regular rate of
17pay for one hour of work in addition to any other compensation earned by the service
18employee for time the service employee actually works.
AB486,10,2319 3. Except as provided in subd. 4, if an employer requires a service employee to
20work a split shift, the employer shall provide the service employee compensation in
21an amount equal to the service employee's regular rate of pay for one hour of work
22in addition to any other compensation earned by the service employee for time the
23service employee actually works.
AB486,11,224 4. If a service employee is entitled to more than one type of compensation under
25subds. 1. to 3. with respect to a particular work shift, the employer shall pay the

1service employee the compensation required under subd. 1., 2., or 3., whichever is
2greatest.
AB486,11,83 (e) Manner of payment of additional compensation. An employer that is
4required to provide compensation to a service employee under par. (b) 1. or (d) shall
5pay that compensation on the service employee's regular paycheck or other wage
6payment. The employer shall identify on the paycheck, pay envelope, or paper
7accompanying the wage payment the amount of and reason for all additional
8compensation paid.
AB486,11,119 (f) Exception. An employer is not required to comply with this subsection
10during a period in which the employer's regular operations are suspended due to an
11event outside of the employer's control.
AB486,11,1912 (g) Designating additional covered occupations. The department may
13promulgate rules to apply the protections afforded under pars. (a) to (f) to additional
14occupations. The department may designate an occupation under this paragraph if
15the department determines that at least 10 percent of the individuals employed in
16the occupation either typically receive notice of changes to their work schedules less
17than 14 days before the changes take effect or regularly experience fluctuations in
18the number of hours the individuals are scheduled to work on a daily, weekly, or
19monthly basis.
AB486,12,2 20(4) Prohibited acts. (a) No employer may interfere with, restrain, or deny the
21exercise of the right of an employee to request and receive a change in the terms and
22conditions of employment as provided under sub. (2). No employer may interfere
23with, restrain, or deny the exercise of the right of a service employee to receive
24advance notice of work schedules as provided under sub. (3) (a), receive

1compensation as provided under sub. (3) (b) 1. and (d), or request approval to work
2in place of another employee as provided under sub. (3) (c).
AB486,12,93 (b) No employer may discharge or discriminate against an employee in
4promotion, in compensation, or in the terms, conditions, or privileges of employment
5for exercising a right of an employee described under par. (a), opposing a practice
6prohibited under this section, filing or indicating an intent to file a complaint or
7otherwise attempting to enforce a right under this section, or testifying, assisting,
8or participating in any manner in any investigation, action, or proceeding to enforce
9a right under this section.
AB486,12,1110 (c) Section 111.322 (2m) applies to discharge or other discriminatory acts
11arising in connection with any proceeding under this section.
AB486,12,19 12(5) Enforcement. (a) Administrative proceeding. An employee whose rights
13are interfered with, restrained, or denied in violation of sub. (4) (a) or who is
14discharged or discriminated against in violation of sub. (4) (b) may file a complaint
15with the department, and the department shall process the complaint in the same
16manner that employment discrimination complaints are processed under s. 111.39.
17If the department finds that a violation has occurred, the department may order the
18employer to take action to remedy the violation, including any action authorized
19under s. 111.39.
AB486,12,2420 (b) Civil action. 1. The department or an employee whose rights are interfered
21with, restrained, or denied in violation of sub. (4) (a) or who is discharged or
22discriminated against in violation of sub. (4) (b) may bring an action in circuit court
23against an employer on the basis of the violation without regard to exhaustion of any
24administrative remedy.
AB486,13,3
12. In an action under subd. 1., if the circuit court finds that a violation of sub.
2(4) (a) or (b) has occurred with respect to an employee, the circuit court shall order
3the defendant to pay to the employee all of the following:
AB486,13,54 a. Compensatory damages in an amount that the circuit court or jury finds
5appropriate.
AB486,13,106 b. Unless the employer proves that the employer acted in good faith and had
7a reasonable basis for believing that the act or omission that constituted the violation
8was not a violation of this section, an additional amount as liquidated damages equal
9to 100 percent of the amount of compensatory damages determined under subd. 2.
10a.
AB486,13,1211 c. Notwithstanding s. 814.04 (1), reasonable attorney fees and costs incurred
12in the action.
AB486,13,1413 3. Damages awarded under subd. 2. are in addition to any back pay or other
14amounts awarded under s. 111.39 or 111.395.
AB486,13,17 15(6) Penalties. In addition to any damages imposed under sub. (5), an employer
16that willfully violates this section may be required to forfeit not more than $1,000 for
17each violation. Each day of continued violation constitutes a separate offense.
AB486,13,21 18(7) Notice posted. An employer shall post, in one or more conspicuous places
19where notices to employees are customarily posted, a notice in a form approved by
20the department setting forth employees' rights under this section. An employer that
21violates this subsection shall forfeit not more than $100 for each violation.
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