A scheduling bill introduced to the Massachusetts legislature this year could make “clopening” a thing of the past, along with employers’ longstanding ability to change employees’ work schedules at the last minute.
The bill, presented by Rep. Sean Garballey of Middlesex county, would mandate that employers give workers at least 11 hours between shifts and three weeks’ advance notice for schedules. Businesses would have to pay time and a half whenever employees are called in before 11 hours have passed between shifts.
Worker advocates say they’re happy to see the bill.
Alex Galimberti, a lead organizer for the Restaurant Opportunities Center of Boston said his local restaurant workers’ organization “welcomes” the bill. Most restaurant workers have to work more than one job, or work part time or full time while attending school, Galimberti explained.
“With unpredictable scheduling, it’s really hard for workers to have a good work-life balance,” Galimberti said, adding that many businesses currently let their workers see their scheduled hours only a week ahead of time.
Colleen Armstrong, youth coordinator for the Massachusetts Coalition for Occupational Safety and Health, said “clopening” and other common scheduling practices put many low-income workers—especially single parents and students—in uncomfortable positions.
“Employees are often put in situations where they are begging for their schedules because they have to study for a test, or figure out childcare,” Armstrong said. “Many managers say, ‘You’ll get your schedule when you get it,’ and that’s it.”
If employers make unexpected schedule changes under the new bill, they would have to give employees a revised written work schedule within 24 hours of making the change and receive written consent from the employee. Workers unable to consent to the rapid schedule change would not be penalized.
Additionally, on any day the employer either calls an employee to work unexpectedly, or cancels an employee’s shift outside of the fixed 21-day schedule, the employer would have to pay the employee’s wages for four hours or the number of hours the employee was scheduled to work (whichever is less.) This is called “predictability pay.”
