Substitute Senate Bill No. 413 (sSB413 File No. 313) introduces new requirements for employers with at least 500 employees in the retail, food service, hospitality, or long-term health care services sectors. The bill mandates that employers provide predictable scheduling by posting work schedules at least 14 days in advance and notifying employees of any changes as soon as possible. Employers must also pay employees for cancelled or reduced work hours and for adding work hours or changing shifts without sufficient notice, with certain exceptions such as employee requests, shift swaps, or emergencies. The bill allows employees to request schedule adjustments and requires employers to engage in a collaborative process to discuss these requests. Employers are encouraged to schedule existing employees for their desired number of weekly hours before hiring new employees and must compensate current employees if this is not done. The bill includes whistleblower provisions and authorizes civil actions for violations, with penalties paid to the labor commissioner and a distribution of proceeds from judgments in favor of whistleblowers. The effective date of the bill is October 1, 2024.
The bill also requires employers to obtain a written statement from employees upon hiring regarding their desired weekly work hours and provide a written estimate of the employee's work schedule. Employers are not required to schedule hours that would necessitate overtime pay. The bill mandates that employers keep accurate records of each employee's shifts and work schedule changes for at least three years. The labor commissioner is authorized to adopt regulations for implementing and enforcing the bill's provisions. For enforcement, any person aggrieved by a violation, a union agent, or the labor commissioner can bring a civil action in Superior Court to recover damages, civil penalties, and other relief deemed appropriate, including reasonable attorney’s fees and costs. The bill outlines specific penalties for various scheduling violations and requires employers to pay a civil penalty to the labor commissioner for each affected employee during each pay period in which a violation occurred. The Labor and Public Employees Committee has given a Joint Favorable vote to the bill with 8 yeas and 4 nays on March 19, 2024.