Summary Board Bill Number 104

Introduced by Alderwoman Daniela Velazquez
September 22, 2023

[with MRA comments in bold]
 

A Board Bill related to improving workers’ rights by requiring employers to provide advance notice of schedules to employees, [Not less than 14 calendar days before the first day of any new work
schedule. However, Employer must first provide every new employee with an initial written estimate of work schedule, indicating projected hours and days of work for the first 90 days of employment. If actual work hours substantially deviate from estimate, Employer must have a documented, legitimate business reason not known at the time the estimate was provided to the employee.]

to pay employees for time on call, and to pay for time scheduled in the event of late cancellation of shifts. [After the work schedule is posted, Employer must pay employee for total hours lost due to shift changes initiated by the Employer in an amount equal to the employees agreed upon wages.]

It also provides for The St. Louis Agency on Training and Employment (SLATE) to establish an employee complaint system; determines penalties including fines; [Written warning for first violation; thereafter fine of up to $500 per each offense. Each employee whose rights are affected is a separate offense; each day that a violation occurs is a separate offense.]

prohibits retaliation against any employee for reporting violations; provides for noninterference with collective bargaining agreements; establishes authority for rules and regulations; establishes records retention requirements; [Three years for both current and former employees. The records shall include: (A) Work schedules for all employees; (B) Written correspondence between Employer and employee regarding work schedule changes – including requests, approvals, and denials; (C) Good Faith estimates of hours provided to new employees.]

contains a severability clause; and contains an effective date clause dependent upon restored authority of the City to regulate terms of employment.

Predictability Pay: For each Employer-initiated change to a Work Schedule that occurs with less than fourteen (14) calendar days notice, the Employer shall be required to provide the affected employee with additional (predictability) pay, plus wages earned for work performed.

Access to Hours: Before hiring new employees to fill Regular or On-Call shifts that come available, the shifts must be posted as much as three days ahead of time, then shifts must first be offered to existing employees at all of the Employer’s work locations.

Exceptions to Predictability Pay: Not required if,

• A. Employee requests shift change in writing, including use of sick leave, vacation leave, etc
  
• B. Mutually agreed upon shift trade between employees subject to Employer’s policy for shift
  changes
  
• C. Failure of a public utility or shutdown of public transportation
  
• D. Fire, flood, or other natural disaster
  
• E. Severe weather posing a threat to employee safety
  
• F. Officially declared state of emergency