Part-Time Worker Bill of Rights Act

Access to Family and Medical Leave: Under Section 101, the bill eliminates the previous requirement of working 1,250 hours during the previous 12 months to qualify for leave under the Family and Medical Leave Act. Instead, it replaces this with a requirement of being employed for at least 90 days. This makes family and medical leave accessible to part-time workers who previously did not meet the high hour threshold.

Protection Against Discrimination Based on Hours Worked: Under Section 202, employers are prohibited from discriminating against an employee regarding pay, benefits, promotion opportunities, or work hours simply because they work fewer hours than other employees in similar jobs. This ensures fair and equitable treatment for part-time and temporary workers.

First Crack at Additional Hours: Under Section 203, employers must allow current employees to fill desired weekly work hours before hiring new external employees, temporary staffing agencies, or contractors. This gives current workers the opportunity to increase their working hours and earnings.

Protection Against Retaliation: Under Section 204, it is unlawful for employers to discharge, threaten, demote, suspend, or reduce the work hours of any person because they exercised their rights under the bill. This protects workers who speak up or report violations.

Right to Recover Damages: Under Section 205, employees who are affected by a violation can bring a civil action in federal or state court to recover lost wages, benefits, compensation, and liquidated damages. Courts may also require the defendant to pay reasonable attorney's fees and expert witness fees.

Burdensome Recordkeeping and Compliance: Under Section 205, employers are required to maintain all records necessary to demonstrate compliance for at least three years, including documentation of offers of work hours and responses. This creates administrative burdens and recordkeeping responsibilities for employers.

Restrictions on Hiring Flexibility: Under Section 203, employers must track and offer desired hours to existing employees in writing before hiring new external staff or contractors. This restricts an employer's flexibility to quickly hire new workers or outside contractors without first checking the availability of current staff.