SB45,855,1918d. The employee’s enrollment in an educational or training program or 19program of study that leads to a recognized postsecondary credential. SB45,855,2120e. If the employee is a part-time employee, conflicts with the employee’s other 21employment. SB45,856,622(b) Evaluating requests for work schedule changes. If an employer receives a 23request from an employee under par. (a), the employer shall either grant the request
1without modification or negotiate in good faith with the employee to find a 2compromise that meets the employee’s and the employer’s work scheduling needs, 3including by considering any alternative proposals offered by the employee. If the 4employer denies the request and any alternative proposals offered, the employer 5shall inform the employee of the reasons for denial, including whether any of the 6reasons is a bona fide business reason. SB45,856,117(c) Requests related to serious health conditions, caregiving, education, or other 8part-time employment. Notwithstanding par. (b), if an employer receives a request 9from an employee under par. (a) that is directly related to a reason specified under 10par. (a) 2., the employer shall grant the request unless the employer has a bona fide 11business reason for denying the request. SB45,856,1612(d) Verification of reasons for requested changes. If an employer receives a 13request from an employee under par. (a), the employer may require the employee to 14provide additional information to clarify or explain the reasons for the employee’s 15requested work schedule change if the employer needs that information to properly 16evaluate the request under par. (b) or (c). SB45,856,2017(3) Predictable work schedules for retail, food service, and cleaning 18employees. (a) Advance notice of work schedules required. 1. On or before the first 19day of work of a new service employee, an employer shall provide the service 20employee with a written copy of the service employee’s work schedule. SB45,857,2212. Except as provided in pars. (b) and (c), if an employer changes a work 22schedule provided to a service employee under this subdivision or subd. 1., the
1employer shall provide the service employee with a written copy of the new work 2schedule no later than 14 days before the new work schedule begins. SB45,857,433. An employer shall post a copy of a work schedule provided under this 4paragraph in at least one of the following ways: SB45,857,65a. In one or more conspicuous places where notices to employees are 6customarily posted. SB45,857,77b. On a website accessible by all of the employer’s employees. SB45,857,984. If an employer changes a work schedule after it is posted under subd. 3., the 9employer shall revise the posted work schedule to reflect those changes. SB45,857,1810(b) Employer-initiated changes to work schedules without advance notice. 1. 11An employer may change, without the advance notice required under par. (a) 2., a 12work schedule provided to a service employee under par. (a) 1. or 2. as provided in 13this paragraph. Except as provided under subd. 2., if the employer changes a work 14schedule provided to a service employee under par. (a) 1. or 2. less than 14 days 15before the new work schedule begins, the employer shall provide the service 16employee compensation for the change in an amount equal to the service employee’s 17regular rate of pay for one hour of work in addition to any other compensation 18earned by the service employee. SB45,857,21192. An employer is not required to pay compensation to a service employee 20under subd. 1. for a change to the service employee’s work schedule if any of the 21following applies to the change: SB45,857,2222a. The service employee consents to the change. SB45,858,223b. The employer requires the service employee to work additional time or an
1additional work shift because another service employee was scheduled to work that 2time or work shift and is unexpectedly unavailable to work. SB45,858,73(c) Employee-initiated changes to work schedules. An employer may allow a 4service employee to agree to work in place of another service employee if the service 5employees mutually agree to the change. The employer is not required to provide 6compensation under par. (b) 1. to a service employee with respect to a work shift 7agreement under this paragraph. SB45,858,128(d) Compensation for reporting time, on-call time, and split shifts. 1. Except 9as provided in subd. 4., if a service employee reports to work and the service 10employee’s employer does not allow the service employee to work all time that the 11service employee is scheduled to work, the employer shall provide the service 12employee with the following compensation: SB45,858,1613a. If the service employee is scheduled to work 4 hours or less, an amount 14equal to the service employee’s regular rate of pay for all time the service employee 15is scheduled to work but does not work in addition to any other compensation 16earned by the service employee for time the service employee actually works. SB45,858,2117b. If the service employee is scheduled to work more than 4 hours and works 18less than 4 hours, an amount equal to the service employee’s regular rate of pay for 19the difference between 4 hours and the amount of time the service employee 20actually works in addition to any other compensation earned by the service 21employee for time the service employee actually works. SB45,859,5222. Except as provided in subd. 4., if an employer requires a service employee to 23contact the employer, or wait to be contacted by the employer, less than 24 hours
1before a work shift begins to determine whether the employer will require the 2service employee to report to work for that work shift, the employer shall provide 3the service employee compensation in an amount equal to the service employee’s 4regular rate of pay for one hour of work in addition to any other compensation 5earned by the service employee for time the service employee actually works. SB45,859,1063. Except as provided in subd. 4, if an employer requires a service employee to 7work a split shift, the employer shall provide the service employee compensation in 8an amount equal to the service employee’s regular rate of pay for one hour of work 9in addition to any other compensation earned by the service employee for time the 10service employee actually works. SB45,859,14114. If a service employee is entitled to more than one type of compensation 12under subds. 1. to 3. with respect to a particular work shift, the employer shall pay 13the service employee the compensation required under subd. 1., 2., or 3., whichever 14is greatest. SB45,859,2015(e) Manner of payment of additional compensation. An employer that is 16required to provide compensation to a service employee under par. (b) 1. or (d) shall 17pay that compensation on the service employee’s regular paycheck or other wage 18payment. The employer shall identify on the paycheck, pay envelope, or paper 19accompanying the wage payment the amount of and reason for all additional 20compensation paid. SB45,859,2321(f) Exception. An employer is not required to comply with this subsection 22during a period in which the employer’s regular operations are suspended due to an 23event outside of the employer’s control. SB45,860,7
1(4) Prohibited acts. (a) No employer may interfere with, restrain, or deny 2the exercise of the right of an employee to request and receive a change in the terms 3and conditions of employment as provided under sub. (2). No employer may 4interfere with, restrain, or deny the exercise of the right of a service employee to 5receive advance notice of work schedules as provided under sub. (3) (a), receive 6compensation as provided under sub. (3) (b) 1. and (d), or request approval to work 7in place of another employee as provided under sub. (3) (c). SB45,860,148(b) No employer may discharge or discriminate against an employee in 9promotion, in compensation, or in the terms, conditions, or privileges of 10employment for exercising a right of an employee described under par. (a), opposing 11a practice prohibited under this section, filing or indicating an intent to file a 12complaint or otherwise attempting to enforce a right under this section, or 13testifying, assisting, or participating in any manner in any investigation, action, or 14proceeding to enforce a right under this section. SB45,860,1615(c) Section 111.322 (2m) applies to discharge or other discriminatory acts 16arising in connection with any proceeding under this section. SB45,861,217(5) Enforcement. (a) Administrative proceeding. An employee whose rights 18are interfered with, restrained, or denied in violation of sub. (4) (a) or who is 19discharged or discriminated against in violation of sub. (4) (b) may file a complaint 20with the department, and the department shall process the complaint in the same 21manner that employment discrimination complaints are processed under s. 111.39. 22If the department finds that a violation has occurred, the department may order
1the employer to take action to remedy the violation, including any action authorized 2under s. 111.39. SB45,861,73(b) Civil action. 1. The department or an employee whose rights are 4interfered with, restrained, or denied in violation of sub. (4) (a) or who is discharged 5or discriminated against in violation of sub. (4) (b) may bring an action in circuit 6court against an employer on the basis of the violation without regard to exhaustion 7of any administrative remedy.