SB45,855,19 d. The employee’s enrollment in an educational or training program or program of study that leads to a recognized postsecondary credential.

SB45,855,21 e. If the employee is a part-time employee, conflicts with the employee’s other employment.

SB45,856,6 (b) Evaluating requests for work schedule changes. If an employer receives a request from an employee under par. (a), the employer shall either grant the request without modification or negotiate in good faith with the employee to find a compromise that meets the employee’s and the employer’s work scheduling needs, including by considering any alternative proposals offered by the employee. If the employer denies the request and any alternative proposals offered, the employer shall inform the employee of the reasons for denial, including whether any of the reasons is a bona fide business reason.

SB45,856,11 (c) Requests related to serious health conditions, caregiving, education, or other part-time employment. Notwithstanding par. (b), if an employer receives a request from an employee under par. (a) that is directly related to a reason specified under par. (a) 2., the employer shall grant the request unless the employer has a bona fide business reason for denying the request.

SB45,856,16 (d) Verification of reasons for requested changes. If an employer receives a request from an employee under par. (a), the employer may require the employee to provide additional information to clarify or explain the reasons for the employee’s requested work schedule change if the employer needs that information to properly evaluate the request under par. (b) or (c).

SB45,856,20 (3) Predictable work schedules for retail, food service, and cleaning employees. (a) Advance notice of work schedules required. 1. On or before the first day of work of a new service employee, an employer shall provide the service employee with a written copy of the service employee’s work schedule.

SB45,857,2 2. Except as provided in pars. (b) and (c), if an employer changes a work schedule provided to a service employee under this subdivision or subd. 1., the employer shall provide the service employee with a written copy of the new work schedule no later than 14 days before the new work schedule begins.

SB45,857,4 3. An employer shall post a copy of a work schedule provided under this paragraph in at least one of the following ways:

SB45,857,6 a. In one or more conspicuous places where notices to employees are customarily posted.

SB45,857,7 b. On a website accessible by all of the employer’s employees.

SB45,857,9 4. If an employer changes a work schedule after it is posted under subd. 3., the employer shall revise the posted work schedule to reflect those changes.

SB45,857,18 (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.

SB45,857,21 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:

SB45,857,22 a. The service employee consents to the change.

SB45,858,2 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 work.

SB45,858,7 (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 agreement under this paragraph.

SB45,858,12 (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:

SB45,858,16 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.

SB45,858,21 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.

SB45,859,5 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 begins 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.

SB45,859,10 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.

SB45,859,14 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.

SB45,859,20 (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 paycheck or other wage payment. The employer shall identify on the paycheck, pay envelope, or paper accompanying the wage payment the amount of and reason for all additional compensation paid.

SB45,859,23 (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.

SB45,860,7 (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 work in place of another employee as provided under sub. (3) (c).

SB45,860,14 (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.

SB45,860,16 (c) Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this section.

SB45,861,2 (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.

SB45,861,7 (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.