Laura Stutz (Of Counsel-Florham Park, NJ) weighed in on the merits of a new federal bill entitling workers to request flexible schedules. In May, Representative Carolyn Maloney (D-NY) introduced the Flexibility for Working Families Act, which could foster a more inclusive work culture for those with elder and child care duties or, on the flip side, it could muddy existing voluntary agreements and even hurt employees, attorneys say. The bill itself mentions that employers have embraced flexible work schedules on a voluntary basis, brought into sharp relief by the pandemic. "And I think that's where it most likely should be left," Laura said. She noted the bill could lead to an inadvertent loss of benefits for some employees who reduce or compress their hours, such as leave benefits or paid vacation. She pointed to a potential domino effect on other areas, such as how employers might fill scheduling gaps without running into the added cost of needing another employee to work overtime. “Plus, flexible scheduling for a big box retailer would look different from flexible scheduling for a small business,” she observed. "What's the answer here? I think the answer is to leave it to employers and employees to work out voluntary arrangements."

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