HB 23-1118

HB 23-1118, also known as the Fair Workweek Employment Standards bill, aims to improve work conditions for employees by setting rules on how employers create and change work schedules. It requires employers to provide additional pay when they alter an employee's schedule unexpectedly or if an employee works without enough rest between shifts. The law also mandates that existing employees are given priority over new hires for available hours. Employers must keep records of compliance, and there are penalties for not following these rules. This bill has been signed into law, meaning it is now enforceable by the state's labor division, which can investigate complaints and impose fines or damages on non-compliant employers.

Official 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. (Note: This summary applies to this bill as introduced.)

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