An Act To Ensure a Fair Workweek
Sec. 1. 26 MRSA c. 7, sub-c. 1-D is enacted to read:
NOTICE OF WORK SCHEDULES
§ 620. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 620-A. Advance notice of work schedules and changes in work schedules
For a new employee, an employer shall provide on the employee's first day of employment an initial work schedule that runs through the date that the next biweekly schedule for existing employees is scheduled to be posted or transmitted. Thereafter, the employer shall include the new employee in an existing biweekly schedule with other employees. For all employees, the work schedule must include any on-call shifts, as applicable. If the employer changes the work schedule after it is posted and transmitted, such changes are subject to the notice and compensation requirements set forth in subsections 3 and 4.
When the employee is required to come to work, the compensation mandated by this subsection is in addition to the employee's regular pay for working that shift. This subsection does not apply to on-call shifts.
§ 620-B. Notice of employee rights
§ 620-C. Requirements governing retention of records
An employer shall retain work schedule and payroll records pertaining to employees for 3 years and shall allow the bureau access to the records, with appropriate notice and during business hours, to monitor compliance with the requirements of this subchapter.
The bureau must have access to all places of labor subject to this subchapter during business hours to inspect books and records, interview employees and investigate such matters necessary or appropriate to determine whether an employer has violated any provisions of this subchapter. If an employer does not maintain or retain adequate records documenting compliance with this subchapter or does not allow the bureau reasonable access to the records, it must be presumed that the employer did not comply with this subchapter, absent clear and convincing evidence to the contrary.
§ 620-D. Exercise of rights protected; retaliation prohibited
§ 620-E. Investigation and complaints
§ 620-F. Penalties
§ 620-G. No limitation of other rights and remedies
This subchapter does not in any way limit the rights and remedies that the law otherwise provides to employees, including, but not limited to, the rights to be free from wrongful termination and unlawful discrimination.
§ 620-H. Rules
The Department of Labor may adopt routine technical rules, as defined in Title 5, chapter 375, subchapter 2-A, to implement the provisions of this subchapter. The rules must be consistent with this subchapter and may establish procedures for ensuring fair, efficient and cost-effective implementation and enforcement of this subchapter, including procedures for helping to inform employees of their rights under this subchapter and for monitoring employer compliance.
§ 620-I. Report
No later than January 1, 2020, January 1, 2021 and January 1, 2022, and no later than January 1st of every even-numbered year thereafter, the bureau shall provide a written report regarding this subchapter to the joint standing committee of the Legislature having jurisdiction over labor matters. The report must include, but is not limited to, a discussion of the implementation and enforcement of this subchapter, including the number of violations and the penalties assessed in the prior year, or prior 2 years starting with the report due by January 1, 2024. The report may also include recommendations for possible improvements to this subchapter.
This bill requires employers who employ 5 or more employees in the State to provide hourly employees at least 2 weeks' prior notice of the employees' work schedules, with compensation owed for schedule changes under certain circumstances. The bill also requires these employers to keep certain business records for at least 3 years.
The bill provides that the Department of Labor, Bureau of Labor Standards may investigate possible violations and receive complaints of possible violations from the public. A fine of $50 per day is due for any noncompliance. The Attorney General may also file a civil action seeking additional remedies. The department may adopt rules regarding compliance with and enforcement of these provisions, and the bureau is required to report to the Legislature periodically on violations of the law and the bureau's efforts.