SB416 is vaguely worded legislation that has the potential to create many unintended consequences. The intent of this bill would be to prohibit an employer from “retaliating” against an employee for requesting a flexible work schedule, but the bill contains no definition of retaliate which then opens it up to subjective interpretation. The bill also states that it is not to be construed to require an employer to accommodate a flex work schedule, nor does it construe a cause of action. Yet both of these points suggest that the potential for lawsuits exists. Or, it could also suggest unnecessary administrative actions by the DOL. Another unintended consequence, should this pass, it the potential to discourage employers from initially hiring the exact employees the bill sponsors hoped to protect.
Currently, about half of businesses offer such flex work schedules and that shows many employers see value in the arrangement. But flex-schedules do not, or cannot work for others.
Implementing this bill might feel good, but it is likely to create more problems than it may solve.
I ask you to vote nay on this motion to pass so a new motion can be proposed.