Kentucky: Oppose HB121

Oppose Predictive Scheduling in Kentucky

Kentucky House Bill 121, introduced by Representative McKenzie Cantrell (D-38), would implement predictive scheduling requirements by mandating that Kentucky employers give employees a good-faith schedule of hours to be worked and to have a voluntary standby list of employees who wish to work additional hours. The employer is required to post weekly schedules at least 7 days in advance, and to allow employees to identify time limitations for scheduling work hours.

HB121 would also require an employer to provide a new employee with a written good faith estimate of the employee’s work schedule at the time of hire. The good faith estimate must include the average number of hours the employee can expect to work in a workweek, an explanation of the voluntary standby list, a verification of whether an employee not on the standby list can expect to work on-call shifts, and whether the schedule is based on a prior year’s schedule that is a good-faith estimate of seasonal or episodic work.

An employer must maintain a standby list of employees whom the employer will request to work additional hours to address unanticipated customer needs or unexpected employee absences if the listed employees have requested or agreed in writing to be included on the standby list and the employer notifies each employee in writing. An employer must provide an employee on the standby list with notice of additional hours available by in-person conversation, telephone call, electronic mail, text message, or other accessible electronic or written format.

HB121 also requires an employer to provide an employee with a work schedule in writing at least seven days before the first day of the work schedule. The employer must provide a written work schedule that runs through the last date of the posted work schedule in effect at the time of delivery to a new employee on or before the employees first day.

If the employer requests changes to the written work schedule after the advance notice the employer must provide the employee with timely notice of the change by in-person conversation, telephone call, electronic mail, text message, or other accessible electronic or written format and the employee may decline any work shift not included in the written work schedule.

The attractions industry relies heavily on part-time employees. On average, 64% of the attractions industry consists of part-time employees and contributes 1.3 million jobs nationally. Unforeseeable events such as weather and guest attendance have a large impact on the overall success of the $219 billion-dollar attractions industry and often dictate the necessary workforce needed during a given work cycle. Flexible scheduling makes it possible for employers to meet the demands of their customers without wasting company resources and allows employees the opportunity to work more or less hours given their personal needs.

HB121 has been introduced and referred to the House Economic Development and Workforce Investment Committee. Please contact members of the committee and ask that they oppose HB121.

Contact Kentucky House Economic Development and Workforce Investment Committee