HB 367 — An Act providing for employee's right to request a flexible working arrangement; imposing duties on the Department of Labor and Industry; and imposing penalties.

PRINTER'S NO.    323

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 367
                                               Session of
                                                 2025

     INTRODUCED BY MERSKI, SANCHEZ, HILL-EVANS, BENHAM, HARKINS AND
        GREEN, JANUARY 27, 2025

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JANUARY 27, 2025


                                    AN ACT
 1   Providing for employee's right to request a flexible working
 2      arrangement; imposing duties on the Department of Labor and
 3      Industry; and imposing penalties.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.   Short title.
 7      This act shall be known and may be cited as the Flexible
 8   Working Arrangements Act.
 9   Section 2.   Definitions.
10      The following words and phrases when used in this act shall
11   have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      "Department."    The Department of Labor and Industry of the
14   Commonwealth.
15      "Employee."    A person who is employed by an employer or may
16   be permitted, required or directed by an employer to perform
17   services in consideration of direct or indirect gain or profit.
18      "Employer."    An individual, organization or governmental
 1   body, including a partnership, association, trustee, estate,
 2   corporation, joint stock company, insurance company, or legal
 3   representative, whether domestic or foreign, or the receiver,
 4   trustee in bankruptcy, trustee or successor thereof, and any
 5   common carrier by mail, motor, water, air or express company
 6   doing business in or operating within this Commonwealth, and any
 7   agent of the employer, that has 50 or more individuals
 8   performing services for the employer within this Commonwealth.
 9      "Flexible working arrangement."      Intermediate or long-term
10   changes in the employee's regular working arrangements,
11   including changes in the number of days or hours worked, changes
12   in the time the employee arrives at or departs from work, work
13   from home or job sharing. The term does not include vacation,
14   routine scheduling of shifts or another form of employee leave.
15      "Inconsistent with business operations."     A determination by
16   an employer based on the following considerations:
17          (1)   The burden on an employer of undue additional costs.
18          (2)   A legitimate or practical detrimental effect on
19      aggregate employee morale unrelated to discrimination or
20      other unlawful employment practices.
21          (3)   A legitimate or practical detrimental effect on the
22      ability of an employer to meet consumer demand.
23          (4)   A significant inability to reorganize work among
24      existing staff.
25          (5)   A legitimate or practical inability to recruit
26      additional staff.
27          (6)   A detrimental impact on business quality or business
28      performance.
29          (7)   An insufficiency of work during the periods that the
30      employee proposes to work.

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 1            (8)   Planned structural changes to the business.
 2            (9)   Other reasonable concerns that would negatively
 3      impact business operations.
 4   Section 3.     Employee's right to request a flexible working
 5                  arrangement.
 6      An employee may request from the employee's employer a
 7   flexible working arrangement that meets the needs of both the
 8   employer and employee. An employee may make a request under this
 9   section to the same employer once per year.
10   Section 4.     Duties of employer.
11      (a)   Consideration of request.--An employer shall consider an
12   employee's request under section 3 in good faith and the
13   employer shall determine whether the employee's request or a
14   similar arrangement could be granted in a manner that is not
15   inconsistent with business operations or legal or contractual
16   obligations.
17      (b)   Decision of request.--An employer shall notify an
18   employee who made a request under section 3 of the employer's
19   decision in a reasonably timely manner. If an employee's request
20   under section 3 was in writing, the employer shall issue a
21   decision of a complete or partial denial in writing.
22      (c)   Standards.--An employer may establish reasonable
23   standards to determine the time, place and manner in which the
24   employer may discuss the request of an employee under section 3.
25      (d)   Retaliation prohibited.--An employer may not retaliate
26   against an employee who makes a request under section 3.
27   Section 5.     Duties of department.
28      The department shall promulgate regulations for the
29   implementation of this act.
30   Section 6.     Enforcement.

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 1      (a)   Duties of department.--The department shall enforce and
 2   investigate alleged violations of this act. In enforcing and
 3   investigating alleged violations of this act, the department may
 4   subpoena witnesses, administer oaths, examine witnesses and take
 5   testimony or compel the production of documents for the purpose
 6   of ascertaining an employer's compliance with this act.
 7      (b)   No private cause of action.--A violation of this act
 8   shall not create a private cause of action.
 9   Section 7.     Penalties.
10      An employer who violates this act shall be subject to the
11   following:
12            (1)   For a first violation, the department shall issue a
13      warning letter to the employer detailing the violation and
14      provide the employer with 30 days to correct the violation.
15            (2)   For a second or subsequent violation, the department
16      may assess an administrative fee up to $500 per violation.
17   Section 8.     Miscellaneous provisions.
18      Nothing in this act shall:
19            (1)   Affect legal rights an employer or employee may have
20      under applicable law to create, terminate or modify a
21      flexible working arrangement.
22            (2)   Diminish employment rights or agreements pursuant to
23      a collective bargaining agreement.
24            (3)   Require an employer to accept a flexible working
25      arrangement of an employee under section 3.
26            (4)   Prohibit an employer from instituting a flexible
27      working arrangement policy that is more generous than an
28      employee's request.
29   Section 9.     Effective date.
30      This act shall take effect in 180 days.

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