BILL NUMBER: S5526
SPONSOR: SANDERS
 
TITLE OF BILL:
An act to amend the labor law, in relation to providing for rest between
work shifts
 
PURPOSE: To prohibit the use of "clopenings", or scheduling an
employee to work an opening shift immediately following an opening shift
on current or the same days, unless an employee consents or volunteers,
in which case the employee shall be paid one and a half times the regu-
lar rate of pay.
 
SUMMARY OF PROVISIONS:
This legislation would prohibit an employee from working during a rest
period, defined as ten hours following the end of a previous calendar
day's work shift or ten hours following the end of a shift that spanned
two calendar days. The rest period would also apply to an on-call shift.
An employee would be allowed to volunteer or agree to work during the
rest period, provided that an employee was then paid one and a half
times their regular rate of pay.
This legislation shall only apply to an employer with 500 or more full-
time employees nationwide, or an equivalent number of part-time employ-
ees, and to those employers engaged in retail, hospitality, cleaning, or
food service work. An employer would be prohibited from retaliating
against an employee who refuses to work during a rest period, and
violations of this section would be punishable by a civil penalty of
$1,000 for each violation and damages paid to an aggrieved employee of
at least $100, and worth three times any owed payments for work under-
taken during a rest period.
 
JUSTIFICATION:
As the country's economy continues to shift to service-oriented busi-
nesses, the practice of "clopenings" have become more common. A "clopen-
ing" shift is one where an employee works during the close of a busi-
ness, and follows that shift by working during the opening of a
business. These shifts have been used by businesses that cite flexibili-
ty and service, but are strongly detrimental to the health and wellness
of employees. This legislation would restrict the use of "clopenings" by
prohibiting shifts being scheduled during a ten hour rest period follow-
ing a shift. While an employee could consent or volunteer to work during
the rest period, an employer would be required to pay an enhanced wage
rate to compensate for such work.
 
LEGISLATIVE HISTORY:
2021-22 REFERRED TO SENATE LABOR
2019-20 REFERRED TO SENATE LABOR
 
BUDGET IMPLICATIONS:
Minor costs to the state for administration of this act, to be offset by
civil penalties generated under this legislation.
 
EFFECTIVE DATE: