Labor and Public Employees Committee
JOINT FAVORABLE REPORT
Bill No.: HB-5353
Title: AN ACT CONCERNING A FAIR WORK WEEK SCHEDULE.
Vote Date: 3/22/2022
Vote Action: Joint Favorable Substitute
PH Date: 3/8/2022
File No.: 297
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
Labor and Public Employees Committee Sen. Will Haskell. 26th Dist.
Rep. Michael A. Winkler, 56th Dist. Sen. Martin M. Looney, 11th Dist.
Rep. David Michel, 146th Dist. Rep. Robyn A. Porter, 94th Dist.
Rep. Travis Simms, 140th Dist. Rep. Anne M. Hughes, 135th Dist.
Rep. Corey P. Paris, 145th Dist. Rep. Joshua M. Hall, 7th Dist.
Sen. Saud Anwar, 3rd Dist. Rep. Josh Elliott, 88th Dist.
Rep. Andre F. Baker, 124th Dist. Rep. Anthony L. Nolan, 39th Dist.
Rep. Jillian Gilchrest, 18th Dist. Sen. Marilyn M. Moore, 22nd Dist.
Rep. John "Jack" F. Hennessey, 127th Dist. Sen. Bob Duff, 25th Dist.
Sen. Julie Kushner, 24th Dist. Rep. Bobby G. Gibson, 15th Dist.
REASONS FOR BILL:
This bill requires certain employers to provide certain employees advance notice of their work
schedule. The practice of not finalizing weekly work schedules until a few days before the
schedule period makes it difficult for workers to plan, doctor's appointments, childcare, and
other day-to-day obligations. This bill allows employees of retail stores, hospitality
establishments, and large chain and franchisee restaurants to know their weekly work
schedules at least fourteen days in advance, providing reliable income and scheduling.
RESPONSE FROM ADMINISTRATION/AGENCY:
Judicial Branch External Affairs Division State of CT: The Judicial Branch would like
clarification in Sec. 1, Subsection (o) of the bill to make clear whether the plaintiff in a civil
action against an employer in violation of H.B. 5353 would be the state of a private party. This
clarification would benefit the Judicial Branch as filing fees are usually waived for state
agencies but not for private individuals. The Judicial Branch would also like clarification on
whether the language in line 228 means that "the matter is privileged with respect to
assignment for trial".
NATURE AND SOURCES OF SUPPORT:
Exec. Director AFSCME, Jody Barr: This bill would provide stability and reliability to
workers' schedules.
Ellington Resident Taylor Biniarz: Biniarz shared their experience working at a job where
they had very little prior notice about shift changes and cancellations, which negatively
affected their financial situation and mental health because Biniarz could not be sure when
they would be called into work for a shift and felt pressured to work shifts on short notice.
CT Resident Catherine Bradley: Bradley shared their experience working at a grocery store
where their shifts were scheduling only four days in advance and their working hours were
lengthened with management informing the employees or obtaining their consent, which
caused conflicts and stress.
Regional Director United Auto Workers Region 9A, Beverly Brakeman: Workers who are
often earning a low wage cannot effectively plan out their day-to-day lives because of the lack
of advance notice they get from their employers about their scheduled shifts. On-call shifts do
not give workers any guarantee of income but force them to be available for the possibility
that they will be called in to work.
Worker Justice Policy Advocate Center for Popular Democracy, Francisco Diez: The
practice of waiting until the last minute to create and finalize work schedules to obtain the
perfect ratio of staffing to demand means that workers cannot plan their daily lives and have
no input in their weekly schedules. These workers have unpredictable schedules and income,
which leads to housing insecurity and hunger. Evidence shows that laws similar to H.B. 5353
lead to increased hours for employees, fewer absences, less tardiness, and lower labor
costs.
Chair- CT Communist Party USA, Joelle Fishman: On-call scheduling affects primarily low
wage workers, hindering them from working more than one job, planning childcare, and
scheduling other necessities because they do not know their work hours in advance.
North Haven Resident Tim Gabriele: On-call scheduling means that workers are at the
mercy of their managers and employers who treat workers' financial and personal interests as
secondary concerns after profit. This legislation will allow workers to have stable schedules
and reliable paychecks.
State Director Working Families CT, Sarah Ganong: CT workers struggle to make a living
because of unpredictable scheduling. Working Families believes that all workers are entitled
steady, reliable job that treats them with respect. This legislation will help ensure that this
happens. This bill also requires that businesses give workers the right to refuse to work shifts
with less than eleven hours in between, giving workers the right to adequate rest.
Policy Director CWEALF, Madeline Granato: Unpredictable schedules negatively affect
women, who are overrepresented in low wage work. Women often must balance their job
with childcare and family responsibilities and unreliable scheduling especially impacts them.
President CT AFL-CIO, Ed Hawthorne: Reliable work schedules allow workers to manage
their budgets, work additional jobs, arrange childcare, and pursue education and training. On-
call scheduling negatively impacts thousands of workers, many with children, and allows
employers to exploit workers and prioritize profits.
Hartford Councilwoman, Tina Hercules: As a mother, Hercules knows that an unreliable work
schedule makes planning childcare, transportation, and budgeting difficult. 350,000 CT
service workers are subjected to this treatment and feel pressured to endure it or risk losing
their jobs. This bill would allow these workers to have a consistent and fair schedule, and
stop employers from exploiting workers, preserving dignity and security in the workplace.
Professor Univ. of Chicago, Susan Lambert: As an academic researcher, Professor
Lambert offered evidence that predictable scheduling is both possible and benefits
businesses. Professor Lambert's research shows that utilizing schedule predictability in retail
stores led to an increase in sales, a decrease in labor, store execution improved, tardiness
decreased, and productivity improved. Professor Lambert also supports requiring additional
compensation for schedule changes made within the scheduled period, which would be an
incentive against employers making short notice schedule changes.
President Pro Tempore, State of CT, Sen. Martin Looney: Sen. Looney supports H.B. 5353,
which would improve the quality of life for shift workers who have no control over their work
schedule and struggle to arrange childcare and other matters. This bill does not prohibit
individuals from working on short notice but requires that employers obtain worker consent.
Member- Hartford City Council: Hartford residents are hard workers who often have low wage
jobs with unreliable schedules. This uncertainty adds to the stress of poverty and leads to
financial hardship. This bill would mean that workers have dignity in their work and their lives.
District Director, Vice President, Service Employees International Union, Rochelle Palache:
H.B. 5353 would provide stability to retail and food service workers who currently deal with
unpredictable and erratic schedules. With unreliable schedules, workers cannot improve their
skills, work more than one job, or even schedule medical appointments.
Executive Director CT Roundtable on Climate and Jobs, Allison Pilcher: Stable scheduling
is necessary to help working families thrive.
Educator American Federation of Teachers, Rose Reyes: This bill will provide CT workers
with stability, and instability in scheduling disproportionately impacts students and people of
color negatively.
Communication Director CT Working Families, Roger Senserrich: Workers need stable
workplaces that treat them with respect. This is especially important for people wit families
and obligations outside of work.
CT Resident David Stevenson: Stable work scheduling has been helpful for efficient
planning for Stevenson's family. Stevenson believes it also make stronger, more productive
employees.
Director National Women's Law Center, Julie Vogtman: The bill is an important step to
combat unfair scheduling practices and to rebuild a more equitable economy.
Vice President Government Relations American Staffing Association, Toby Malara: The
ASA supports the bill but asks that it be amended to exclude temporary help services
because they cannot realistically comply with the bill. Temp work by nature has short notice
periods and if this bill applied to temporary help services, temp workers would lose out on job
opportunities. The ASA asks that temp workers be excluded from the "rest between shifts"
and "first hire" requirements of H.B. 5353.
Addition Sources of Support Include:
Robert Tedesco Chris Ferno, Stratford Cassandra Martineau
Sarah Aaron Bromley, James Flores, Willimantic Sarah Mazzio, New London
Milford Matthew Ford, New Haven Alicia McAvay
Alferd Velda, Storrs Sarah Forman, Hamden T. McCormick, West
Ally Sexton Amber Frazier-Manning Hartford
Amar Sivan, New Haven M. French, New London Katherine Michel,
Amlachance Sarah Ganong Wallingford
Sauda Baraka, Bridgeport Farrah Garland, Stonington Renato Muguerza, Hartford
Frida Berrigan, New London David Gilroy, E. Granby Patrick Murphy, Waterford
James Bhandary-Alexander, Jennifer Godzeno, Stamford Donna Nicolino
New Haven Mildred Guzman-Young, Tamara Nunez del Prado,
Alisha Blake Suffield New Haven
Joshua Blanchfield, Hartford Chris Halfar, Danbury Margaret O'Shea, Old Lyme
Linda Bronstein, West Alana Haroskewicz Carlene Okula
Hartford Leanne Harpin, Fairfield Heather Oliver, Windsor
Sheri Brown, Norwalk Jefferey Hart, New London Laura Olsen, Norwalk
Resident Rachel Heerenia, New Laura Orban, Brookfield
Mariana Budge, New Haven Haven Jen Orlando, New Haven
Allison Burke Callie Gale Heilmann, Jason Ortiz, Hartford
Zack Campbell, Hartford Bridgeport Marisa Raer, West Hartford
Francesca Capodiluppo, Win Heimer, West Hartford Rose Reyes, Willimantic
Ridgefield Eliza Hwa, Hartford Brigith Rivera
Kate Conetta, Danbury JoAnn Alex Rodriguez
Tom Connolly, West Kelly Keenan, Southbury Rob Rosenthal, Middletown
Hartford Claudette Kidd, New Haven Laura-Ann Schafer, New
Madeline Corruella, New Jaclyn Kusluch, Amston London
Haven Zak Leavy, New London Christina Seeber, Weston
Meghan Dubois, Torrington Kristen Lennon, New Constanza Segovia, Hartford
Karen Dubois-Walton, New London Alyssa Siegel-Miles
Haven Jocelyn Lillis, Torrington Rachel Silbermann, Hamden
Leigh Duffy, Mansfield Lisa Lind, Woodbury Jay Silva, New London
Center Victoria Locke, Waterbury Samuel Sims, East Lyme
Daniel Durso, East Hartford Teran, Loeppke, Hamden Mary Elizabeth Smith, New
Tim Dutcher, Hamden Luis Luna, New Haven Haven
Amy Duval Darron Lusk, New Haven Joseph Sokolovic,
Sidney Elkhay, Manchester Tomothy Manning, New Bridgeport
Brenda Falusi London Jane Steisel, Waterbury
Ronna Stuller, New London
Timothy Sullivan,
Barkhamstead
Laurie Sweet, Prospect
Nicholas Teeling, Winsted
Joseph Tlacomulco, New
Haven
Joseph Trelli, Pawcatuck
Stacey Vairo, Woodbury
Jessie van Dyke, Tarifville
Erin Walker, Bridgeport
Kevin Walsh, Madison
Connie Woods, Groton
Travis Woodward
Sarahi Zacatelco
Daanish Zaidi, New Haven
Zach Zarrow, Middletown
Almut Zieher
Stacey Zimmerman
NATURE AND SOURCES OF OPPOSITION:
Lumber Dealers Asso.: This bill would lead to decreased flexibility and hinder contractor
responsiveness to unexpected events. This would raise costs for building materials suppliers
and increase the burden on small businesses.
President CT Franchisee Association, Michael Batista: Opposed the bill on the grounds that
it unfairly burdens franchise restaurants, which are small businesses.
CT Farm Bureau: Agricultural work is unique and availability of work can fluctuate based on
weather, the seasons, market conditions, pests, and equipment breakdown. This bill would
force impractical demands on CT farms, which have some of the highest hourly pay rates in
the state. Farms must be able to operate flexibly and efficiently.
President-CEO CT Restaurant Association, Scott Dolch: The restaurant industry is known
for its flexibility and responsiveness, which this bill would eliminate. This legislation would hurt
businesses and employees by leading to short staffing, reducing the ability of employees to
switch shifts, and reducing on-call opportunities.
CT Resident. David Godbout: Opposes the bill based on the fact that the public hearing is not
in-person, which prohibits people without phones or computers from participations and
violates the 4th Amendment.
Vice-President, State Governmental Relations Counsel-International Franchise Association,
Jeff Hanscom: This bill unfairly burdens franchisee restaurants by applying an inflexible law
to franchisees but not other small restaurants.
Director, Gov. Affairs New England Convenience Store Energy Marketers Acco., Brian
Moran: H.B. 5353 would place a burden on convenience retail stores during a time when they
already are struggling with staffing. Convenience stores need more flexibility in this time than
the bill provides.
National Federation of Independent Business: The NFIB believes that H.B. 5353 would
negatively impact small and mid-size businesses who happen to be franchises. These
businesses have been hit hard by the pandemic and the mandates of this bill are not
necessary or feasible. This bill could also bring down excessive enforcement actions down on
these businesses for alleged violations. H.B. 5353 does not take into account varying
customer demand and other outside factors that lead to short notice scheduling.
CT Food Association, Wayne Pesce: Scheduling can be complicated and it's important for
employees to have options when it come to their schedules.
President CT Lodging Association, Duane Schroder: This bill overlooks the unique needs of
certain workplaces like lodging establishments.
President-CEO Greater New Haven and Quinnipiac Chamber of Commerce, Garret
Sheehan: This bill would eliminate workplace flexibility in industries like hospitality, retail, and
restaurants.
Director of Public Policy-Econ Development Waterbury Regional Chamber of Commerce,,
Joseph Violette: Scheduling is complex and different for different industries Flexible
scheduling is necessary to balance employee and customer needs. Rigid scheduling is anti-
business and can cause unintended negative consequences.
Reported by: Theresa Norman Date: 4/4/2022
Page 7 of 7 HB-5353