This government interference in the scheduling practices of private employers, on top of the already burdensome application of paid family leave, paid sick leave, and state and federal COVID related leave programs would make effective scheduling of staff nearly impossible. This burden will have especially dire consequences for small employers. For these reasons, The Business Council opposes this legislation and respectfully urges that it is not enacted.
All employers would be subject to having timely, good faith discussions with any employee who chooses to discuss the terms and conditions of employment. Each employee could engage in this “bargaining session” regarding flexible working arrangement." And “flexible working arrangement” is broadly defined to mean short-term, intermediate, or long-term changes in the employee’s regular working arrangements, including but not limited to changes in the number of days or hours worked, changes in the time the employee arrives at or departs from work, remote work, or job-sharing. It is wrong for the legislature to impose a “duty to bargain” on an employer without having the normal required process of certifying union representation and engaging in similar good faith negotiations.
Employers are in the best position to establish staffing plans that best meet the needs of the company and their customers. Employers can and do work cooperatively with their employees to address individual scheduling concerns. For these reasons, The Business Council on behalf or our more than 2,300 members oppose this bill.