MEANING OF "WORK" UNDER STATE LAW RELATIVE TO WAGE REGULATIONS
For purposes of this bill, "work" has the same meaning as interpreted by the U.S. Supreme Court in relation to the Fair Labor Standards Act. The U.S. Supreme Court has held that "work," broadly, means services rendered for which remuneration is owed. "Work" includes all time that an employee is required to be on the employer's premises, on duty, or at a prescribed workplace. For example, time spent at a workplace putting on or removing work-related gear qualifies as "work."
This bill provides that "work" does not include the time an employee spends on the following:
(1) Walking, riding, or traveling to and from the actual place of performance of the principal activity or activities that the employee is employed to perform;
(2) Activities that are preliminary to or postliminary to the principal activity; or
(3) Activities that require insubstantial or insignificant periods of time beyond the employee's scheduled working hours.
CAUSE OF ACTION AND STATUTE OF LIMITATIONS
This bill prohibits an employee from joining as a party plaintiff in any civil action brought under this bill by an employee, person acting on behalf of an employee, or person acting on behalf of all similarly situated employees unless that employee first gives written consent to become such a party plaintiff and that consent is filed with the court in which the action is brought.
This bill establishes a statute of limitations of two years for filing any such action.
ON MARCH 4, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2110, AS AMENDED.
AMENDMENT #1 removes the following provisions from the bill:
(1) The two-year statute of limitations; and
(2) The prohibition on an employee joining as a party plaintiff in a civil action that is brought under state human rights law by an employee, person acting on behalf of an employee, or person acting on behalf of all similarly situated employees unless that employee first gives written consent to become such a party plaintiff and that consent is filed with the court in which the action is brought.
Statutes affected: Introduced: 50-2-113(c), 50-2-113
Amended with HA0577 -- 03/04/2024: 50-2-113(c), 50-2-113