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Legislative Year: 2023 Change
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Bill Detail: HB23-1118

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Title Fair Workweek Employment Standards
Status Introduced In House - Assigned to Business Affairs & Labor (01/24/2023)
Bill Subjects
  • Labor & Employment
House Sponsors S. Gonzales-Gutierrez (D)
E. Sirota (D)
Senate Sponsors F. Winter (D)
J. Gonzales (D)
House Committee Business Affairs and Labor
Senate Committee
Date Introduced 01/24/2023
Summary

The bill imposes requirements for certain types of employers with
regard to:
  • The determination of employee work schedules;
  • Employee requests for changes to work schedules; and
  • Notices and posting of employee work schedules.
In addition to pay for hours worked by the employee, the bill
requires certain types of employers to pay employees:
  • Predictability pay when an employer makes certain changes
to an employee's work schedule;
  • Rest shortfall pay when an employee is required to work
hours without a minimum period of rest after a prior shift;
  • Retention pay when an employer provides work hours to a
new employee without first offering the work hours to
existing employees; and
  • Minimum weekly pay in an amount that corresponds to
15% of the average weekly hours indicated on the
employee's anticipated work plan, paid at the greater of the
employee's regular rate of pay or the minimum wage,
regardless of whether the employee works such hours.
The bill prohibits employers from discriminating or taking any
adverse action against an employee based on the hours an employee is
scheduled or actually works, the expected duration of employment, or the
employee's desired work schedule. The bill also prohibits retaliation
against an employee for attempting to exercise any right created in the
bill. Employers are required to retain records demonstrating their
compliance with the requirements of the bill.
A person who is aggrieved by a violation of the requirements of
the bill may file a complaint with the division of labor standards and
statistics (division) in the department of labor and employment or bring
a civil action in district court. The division is authorized to investigate
complaints and, upon determining that a violation occurred, to impose
fines, penalties, or damages and award attorney fees and costs. The
division is also authorized to bring a civil action to enforce the
requirements of the bill. The bill includes protections for whistleblowers
and establishes penalties for violations.
The director of the division is required to promulgate rules to
implement the bill.

Committee Reports
with Amendments
None
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