Colorado 2023 Regular Session

Colorado House Bill HB1118 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 23-0182.01 Kristen Forrestal x4217
8	8	HOUSE BILL 23-1118
9	9	House Committees Senate Committees
10	10	Business Affairs & Labor
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING FAIR WORKWEEK EMPLOYMENT STANDARDS .101
14	14	Bill Summary
15	15	(Note: This summary applies to this bill as introduced and does
16	16	not reflect any amendments that may be subsequently adopted. If this bill
17	17	passes third reading in the house of introduction, a bill summary that
18	18	applies to the reengrossed version of this bill will be available at
19	19	http://leg.colorado.gov
20	20	.)
21	21	The bill imposes requirements for certain types of employers with
22	22	regard to:
23	23	! The determination of employee work schedules;
24	24	! Employee requests for changes to work schedules; and
25	25	! Notices and posting of employee work schedules.
26	26	In addition to pay for hours worked by the employee, the bill
27	27	requires certain types of employers to pay employees:
28	28	! Predictability pay when an employer makes certain changes
29	29	HOUSE SPONSORSHIP
30	30	Sirota and Gonzales-Gutierrez, Duran, Epps, Jodeh, Kipp, Lindsay, Mabrey, Vigil,
31	31	Woodrow
32	32	SENATE SPONSORSHIP
33	33	Gonzales and Winter F., Danielson
34	34	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
35	35	Capital letters or bold & italic numbers indicate new material to be added to existing law.
36	36	Dashes through the words or numbers indicate deletions from existing law. to an employee's work schedule;
37	37	! Rest shortfall pay when an employee is required to work
38	38	hours without a minimum period of rest after a prior shift;
39	39	! Retention pay when an employer provides work hours to a
40	40	new employee without first offering the work hours to
41	41	existing employees; and
42	42	! Minimum weekly pay in an amount that corresponds to
43	43	15% of the average weekly hours indicated on the
44	44	employee's anticipated work plan, paid at the greater of the
45	45	employee's regular rate of pay or the minimum wage,
46	46	regardless of whether the employee works such hours.
47	47	The bill prohibits employers from discriminating or taking any
48	48	adverse action against an employee based on the hours an employee is
49	49	scheduled or actually works, the expected duration of employment, or the
50	50	employee's desired work schedule. The bill also prohibits retaliation
51	51	against an employee for attempting to exercise any right created in the
52	52	bill. Employers are required to retain records demonstrating their
53	53	compliance with the requirements of the bill.
54	54	A person who is aggrieved by a violation of the requirements of
55	55	the bill may file a complaint with the division of labor standards and
56	56	statistics (division) in the department of labor and employment or bring
57	57	a civil action in district court. The division is authorized to investigate
58	58	complaints and, upon determining that a violation occurred, to impose
59	59	fines, penalties, or damages and award attorney fees and costs. The
60	60	division is also authorized to bring a civil action to enforce the
61	61	requirements of the bill. The bill includes protections for whistleblowers
62	62	and establishes penalties for violations.
63	63	The director of the division is required to promulgate rules to
64	64	implement the bill.
65	65	Be it enacted by the General Assembly of the State of Colorado:1
66	66	SECTION 1. In Colorado Revised Statutes, add article 12.5 to2
67	67	title 8 as follows:3
68	68	ARTICLE 12.54
69	69	Fair Workweek Employment Standards5
70	70	8-12.5-101. Definitions - rules. A
71	71	S USED IN THIS ARTICLE 12.5,6
72	72	UNLESS THE CONTEXT OTHERWISE REQUIRES :7
73	73	(1) "A
74	74	DVERSE ACTION" MEANS:8
75	75	HB23-1118-2- (a) ANY DISCIPLINE, DISCHARGE, SUSPENSION, INTIMIDATION,1
76	76	HARASSMENT, OR THREAT, INCLUDING A THREAT TO REPORT AN2
77	77	EMPLOYEE'S SUSPECTED CITIZENSHIP OR IMMIGRATION STATUS , OR THE3
78	78	SUSPECTED CITIZENSHIP OR IMMIGRATION STATUS OF AN EMPLOYEE 'S4
79	79	FAMILY MEMBER, TO A FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCY ;5
80	80	(b) A
81	81	NY SANCTIONS AGAINST AN EMPLOYEE WHO IS THE RECIPIENT6
82	82	OF PUBLIC BENEFITS FOR RIGHTS GUARANTEED UNDER THIS TITLE 8;7
83	83	(c) I
84	84	NTERFERING WITH AN EMPLOYEE OR PUNISHING AN EMPLOYEE8
85	85	FOR PARTICIPATING IN OR PROVIDING ASSISTANCE TO ANY INVESTIGATIVE9
86	86	PROCEEDING OR HEARING CONDUCTED PURSUANT TO THIS ARTICLE 12.5;10
87	87	(d) D
88	88	EMOTING OR ASSIGNING A COVERED EMPLOYEE TO A LESSER11
89	89	POSITION IN TERMS OF JOB CLASSIFICATION , JOB SECURITY, OR OTHER12
90	90	CONDITIONS OF EMPLOYMENT ; OR13
91	91	(e) R
92	92	EDUCING A COVERED EMPLOYEE 'S WORK HOURS OR DENYING14
93	93	A COVERED EMPLOYEE ADDITIONAL WORK HOURS .15
94	94	(2) "A
95	95	NTICIPATED WORK PLAN" MEANS A WRITTEN STATEMENT16
96	96	DESCRIBING WHEN A COVERED EMPLOYEE CAN EXPECT TO WORK THAT IS17
97	97	ESTABLISHED BY A COVERED EMPLOYER AND PROVIDED TO A COVERED18
98	98	EMPLOYEE PURSUANT TO SECTION 8-12.5-102 (2).19
99	99	(3) "A
100	100	T THE TIME OF HIRE" MEANS AFTER AN OFFER AND20
101	101	ACCEPTANCE OF EMPLOYMENT AND BEFORE OR UPON THE21
102	102	COMMENCEMENT OF EMPLOYMENT .22
103	103	(4) "B
104	104	ONA FIDE BUSINESS REASON" MEANS:23
105	105	(a) A
106	106	N ACTION THAT AN EMPLOYER IS REQUIRED TO TAKE IN ORDER24
107	107	TO COMPLY WITH A COLLECTIVE BARGAINING AGREEMENT OR A LAW ,25
108	108	STATUTE, ORDINANCE, CODE, GOVERNMENTAL EXECUTIVE ORDER , OR26
109	109	RULE;27
110	110	HB23-1118
111	111	-3- (b) A SIGNIFICANT AND QUANTIFIABLE BURDEN OF ADDITIONAL1
112	112	COSTS TO AN EMPLOYER;2
113	113	(c) A
114	114	SIGNIFICANT AND QUANTIFIABLE INSUFFICIENCY OF3
115	115	AVAILABLE WORK DURING A PERIOD THAT AN EMPLOYEE PROPOSES TO4
116	116	WORK; OR5
117	117	(d) A
118	118	SIGNIFICANT AND QUANTIFIABLE DETRIMENTAL EFFECT ON6
119	119	AN EMPLOYER'S ABILITY TO MEET ORGANIZATIONAL DEMANDS , INCLUDING7
120	120	A SIGNIFICANT AND QUANTIFIABLE:8
121	121	(I) I
122	122	NABILITY OF AN EMPLOYER, DESPITE ITS BEST EFFORTS, TO9
123	123	REORGANIZE WORK AMONG EXISTING EMPLOYEES ;10
124	124	(II) D
125	125	ETRIMENTAL EFFECT ON AN EMPLOYER 'S BUSINESS11
126	126	PERFORMANCE; OR12
127	127	(III) I
128	128	NABILITY OF AN EMPLOYER TO MEET CUSTOMER NEEDS OR13
129	129	DEMANDS.14
130	130	(5) "C
131	131	HAIN" MEANS A SET OF TWO OR MORE FOOD OR BEVERAGE15
132	132	ESTABLISHMENTS , FOOD OR BEVERAGE MANUFACTURING16
133	133	ESTABLISHMENTS, OR RETAIL ESTABLISHMENTS THAT DO BUSINESS UNDER17
134	134	THE SAME TRADE NAME OR SHARE A BRAND AND ARE CHARACTERIZED BY18
135	135	STANDARDIZED OPTIONS FOR DECOR, MARKETING, PACKAGING, PRODUCTS,19
136	136	AND SERVICES, REGARDLESS OF THE TYPE OF OWNERSHIP OF EACH20
137	137	ESTABLISHMENT.21
138	138	(6) "C
139	139	LIENT EMPLOYER" MEANS ANY PERSON FOR WHICH AN22
140	140	EMPLOYER PROCURES OR PROVIDES EMPLOYEES .23
141	141	(7) "C
142	142	OVERED EMPLOYEE" MEANS AN EMPLOYEE OF A COVERED24
143	143	EMPLOYER WHO IS NOT EXEMPT FROM OVERTIME AND MINIMUM PAY25
144	144	STANDARDS ADOPTED PURSUANT TO RULES PROMULGATED BY THE26
145	145	DIVISION BECAUSE THE EMPLOYEE IS EMPLOYED IN A BONA FIDE27
146	146	HB23-1118
147	147	-4- EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY.1
148	148	(8) (a) "C
149	149	OVERED EMPLOYER" MEANS AN EMPLOYER THAT :2
150	150	(I) I
151	151	S PRIMARILY ENGAGED AS A FOOD OR BEVERAGE3
152	152	ESTABLISHMENT, FOOD OR BEVERAGE MANUFACTURING ESTABLISHMENT ,4
153	153	OR RETAIL ESTABLISHMENT THAT EMPLOYS TWO HUNDRED FIFTY OR MORE5
154	154	EMPLOYEES WORLDWIDE , REGARDLESS OF WHERE THE EMPLOYEES6
155	155	PERFORM WORK;7
156	156	(II) P
157	157	ROVIDES LABOR THAT IS INTEGRAL TO THE BUSINESS OF AN8
158	158	ESTABLISHMENT DESCRIBED IN SUBSECTION (8)(a)(I) OF THIS SECTION;9
159	159	(III) P
160	160	ROVIDES LABOR AS A JANITORIAL OR SECURITY CONTRACTOR10
161	161	FOR AN ESTABLISHMENT DESCRIBED IN SUBSECTION (8)(a)(I) OF THIS11
162	162	SECTION; OR12
163	163	(IV) I
164	164	S A FOOD OR BEVERAGE ESTABLISHMENT , FOOD OR13
165	165	BEVERAGE MANUFACTURING ESTABLISHMENT , OR RETAIL ESTABLISHMENT14
166	166	THAT IS A FRANCHISE OR AN ESTABLISHMENT OF A CHAIN OR SHARES A15
167	167	BRAND WITH ONE OR MORE OTHER SUCH ESTABLISHMENTS AND , COMBINED16
168	168	WITH SUCH OTHER ESTABLISHMENTS , EMPLOYS TWO HUNDRED FIFTY OR17
169	169	MORE EMPLOYEES WORLDWIDE , REGARDLESS OF WHERE THE EMPLOYEES18
170	170	PERFORM WORK.19
171	171	(b) F
172	172	OR THE PURPOSE OF DETERMINING THE TOTAL NUMBER OF A20
173	173	COVERED EMPLOYER'S COVERED EMPLOYEES PURSUANT TO SUBSECTION21
174	174	(8)(a)(I)
175	175	OR (8)(a)(IV) OF THIS SECTION, AN EMPLOYER MUST EMPLOY AT22
176	176	LEAST TWO HUNDRED FIFTY EMPLOYEES FOR EACH WORK DAY DURING23
177	177	EACH OF TWENTY OR MORE CALENDAR WORKWEEKS IN THE CURRENT OR24
178	178	PRECEDING CALENDAR YEAR , INCLUDING:25
179	179	(I) A
180	180	LL EMPLOYEES PERFORMING WORK FOR COMPENSATION ON A26
181	181	FULL-TIME, PART-TIME, OR TEMPORARY BASIS;27
182	182	HB23-1118
183	183	-5- (II) EMPLOYEES ON PAID OR UNPAID LEAVE , INCLUDING1
184	184	EMPLOYEES ON SICK OR MEDICAL LEAVE , LEAVES OF ABSENCE, AND2
185	185	DISCIPLINARY LEAVES, SO LONG AS THE COVERED EMPLOYER HAS A3
186	186	REASONABLE EXPECTATION THAT SUCH EMPLOYEES WILL RETURN TO4
187	187	WORK; AND5
188	188	(III) E
189	189	MPLOYEES WHOSE NAMES APPEAR ON A COVERED6
190	190	EMPLOYER'S PAYROLL DURING A WORKWEEK , REGARDLESS OF WHETHER7
191	191	THE EMPLOYEE RECEIVES ANY COMPENSATION FOR THAT WORKWEEK .8
192	192	(c) "C
193	193	OVERED EMPLOYER" INCLUDES, IN THE CASE OF A CLIENT9
194	194	EMPLOYER AND A CONTRACTOR PROVIDING JANITORIAL OR SECURITY10
195	195	WORKERS OR OTHER LABOR THAT IS INTEGRAL TO THE BUSINESS OF THE11
196	196	CLIENT EMPLOYER, BOTH THE CLIENT EMPLOYER AND THE CONTRACTOR .12
197	197	(9) "D
198	198	EPARTMENT" MEANS THE DEPARTMENT OF LABOR AND13
199	199	EMPLOYMENT CREATED IN SECTION 24-1-121.14
200	200	(10) "D
201	201	IRECTOR" MEANS THE DIRECTOR OF THE DIVISION.15
202	202	(11) "D
203	203	IVISION" MEANS THE DIVISION OF LABOR STANDARDS AND16
204	204	STATISTICS CREATED IN SECTION 8-1-103 IN THE DEPARTMENT.17
205	205	(12) "E
206	206	MPLOYEE" HAS THE MEANING SET FORTH IN SECTION18
207	207	8-4-101
208	208	(5).19
209	209	(13) "E
210	210	MPLOYER" HAS THE MEANING SET FORTH IN SECTION20
211	211	8-4-101
212	212	(6).21
213	213	(14) "F
214	214	OOD OR BEVERAGE ESTABLISHMENT " MEANS A FOOD22
215	215	SERVICE CONTRACTOR; CATERER; MOBILE FOOD SERVICE; ALCOHOLIC23
216	216	BEVERAGE DRINKING PLACE ; FULL-SERVICE RESTAURANT ;24
217	217	LIMITED-SERVICE RESTAURANT, GRILL, OR BUFFET; OR SNACK AND25
218	218	NONALCOHOLIC BEVERAGE BAR , AS DESCRIBED IN THE 2022 NORTH26
219	219	A
220	220	MERICAN INDUSTRY CLASSIFICATION SYSTEM ACCOMMODATION AND27
221	221	HB23-1118
222	222	-6- FOOD SERVICES SECTOR 722, OR OTHER CLASSIFICATION OR SUBSEQUENT1
223	223	EDITION OF THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM2
224	224	PURSUANT TO RULES PROMULGATED BY THE DIVISION . FOOD AND3
225	225	BEVERAGE SERVICES AT HOTELS AND MOTELS , AMUSEMENT PARKS ,4
226	226	THEATERS, CASINOS, COUNTRY CLUBS, SIMILAR RECREATIONAL FACILITIES,5
227	227	SCHOOLS AND INSTITUTIONS OF HIGHER EDUCATION , AND CIVIC AND6
228	228	SOCIAL ORGANIZATIONS ARE INCLUDED ONLY IF THESE SERVICES ARE7
229	229	PROVIDED BY A SEPARATE ESTABLISHMENT PRIMARILY ENGAGED IN8
230	230	PROVIDING FOOD AND BEVERAGE SERVICES .9
231	231	(15) "F
232	232	OOD OR BEVERAGE MANUFACTURING ESTABLISHMENT "10
233	233	MEANS AN ESTABLISHMENT WHERE FOOD OR ALCOHOLIC OR11
234	234	NONALCOHOLIC BEVERAGES ARE PREPARED , PACKAGED, PROCESSED, OR12
235	235	MANUFACTURED, AS DESCRIBED IN THE 2022 NORTH AMERICAN INDUSTRY13
236	236	CLASSIFICATION SYSTEM SUBSECTORS 3111 TO 3119 AND SUBSECTOR14
237	237	3121,
238	238	OR OTHER CLASSIFICATION OR SUBSEQUENT EDITION OF THE NORTH15
239	239	A
240	240	MERICAN CLASSIFICATION SYSTEM PURSUANT TO RULES PROMULGATED16
241	241	BY THE DIVISION . "FOOD OR BEVERAGE M ANUFACTURING17
242	242	ESTABLISHMENT" DOES NOT INCLUDE AN ESTABLISHMENT THAT PRIMARILY18
243	243	ENGAGES IN THE SERVICES PROVIDED BY AN AGRICULTURAL EMPLOYER AS19
244	244	DEFINED IN SECTION 8-3-104.20
245	245	(16) "I
246	246	NITIAL WORK SCHEDULE " MEANS A WRITTEN WORK21
247	247	SCHEDULE DESCRIBING ALL OF A COVERED EMPLOYEE 'S SHIFTS, INCLUDING22
248	248	SPECIFIC START AND END TIMES AND LOCATIONS FOR EACH SHIFT , DURING23
249	249	THE FIRST PERIOD OF FOURTEEN CONSECUTIVE DAYS AFTER THE COVERED24
250	250	EMPLOYEE COMMENCES EMPLOYMENT .25
251	251	(17) "L
252	252	OCATION" MEANS A GEOGRAPHIC LOCATION OR PLACE ON26
253	253	THE PLANET.27
254	254	HB23-1118
255	255	-7- (18) "ON-CALL SHIFT" MEANS ANY TIME THAT AN EMPLOYER1
256	256	REQUIRES AN EMPLOYEE TO BE AVAILABLE TO WORK OR TO CONTACT THE2
257	257	EMPLOYER OR ITS DESIGNEE , OR TO WAIT TO BE CONTACTED BY THE3
258	258	EMPLOYER OR ITS DESIGNEE, TO DETERMINE WHETHER THE EMPLOYEE4
259	259	MUST REPORT TO WORK.5
260	260	(19) "P
261	261	OSTED WORK SCHEDULE " MEANS A WRITTEN WORK6
262	262	SCHEDULE THAT A COVERED EMPLOYER MUST PROVIDE TO COVERED7
263	263	EMPLOYEES AND POST PURSUANT TO SECTION 8-12.5-103.8
264	264	(20) "P
265	265	REDICTABILITY PAY" MEANS PAY THAT IS PROVIDED TO A9
266	266	COVERED EMPLOYEE PURSUANT TO SECTION 8-12.5-104.10
267	267	(21) "R
268	268	EGULAR RATE OF PAY" MEANS THE HOURLY RATE OF PAY11
269	269	ACTUALLY PAID TO AN EMPLOYEE . THE DIRECTOR SHALL PROMULGATE12
270	270	RULES ESTABLISHING THE MEANING OF "REGULAR RATE OF PAY" FOR AN13
271	271	EMPLOYEE WHOSE PAY IS BASED ON A PIECE-RATE, SALARY, COMMISSION,14
272	272	OR OTHER NON-HOURLY-BASIS.15
273	273	(22) "R
274	274	EST SHORTFALL PAY" MEANS PAY THAT IS PROVIDED TO A16
275	275	COVERED EMPLOYEE PURSUANT TO SECTION 8-12.5-105 (3).17
276	276	(23) "R
277	277	ETAIL ESTABLISHMENT" MEANS A RETAIL TRADE18
278	278	ESTABLISHMENT:19
279	279	(a) A
280	280	S DESCRIBED IN THE 2022 NORTH AMERICAN INDUSTRY20
281	281	CLASSIFICATION SYSTEM RETAIL TRADE SECTOR 44-45, INCLUDING21
282	282	SUBSECTORS 4411 TO 4599, OR OTHER CLASSIFICATION OR SUBSEQUENT22
283	283	EDITION OF THE SAME CLASSIFICATION SYSTEM PURSUANT TO RULES23
284	284	PROMULGATED BY THE DIVISION ; AND24
285	285	(b) W
286	286	ITH ONE OR MORE STORES IN THE STATE.25
287	287	(24) "R
288	288	ETENTION PAY" MEANS PAY THAT IS PROVIDED TO A26
289	289	COVERED EMPLOYEE PURSUANT TO SECTION 8-12.5-106 (4).27
290	290	HB23-1118
291	291	-8- (25) "SERIOUS HEALTH CONDITION" HAS THE MEANING SET FORTH1
292	292	IN SECTION 8-13.3-503 (19).2
293	293	(26) "S
294	294	HIFT" MEANS A SET OF CONSECUTIVE HOURS THAT AN3
295	295	EMPLOYER REQUIRES AN EMPLOYEE TO WORK OR TO BE ON CALL TO WORK ;4
296	296	EXCEPT THAT BREAKS TOTALING TWO HOURS OR LESS DURING A SINGLE5
297	297	SHIFT ARE NOT CONSIDERED AN INTERRUPTION OF CONSECUTIVE HOURS .6
298	298	(27) "S
299	299	TORE" MEANS A FIXED, POINT-OF-SALE LOCATION, LOCATED7
300	300	AND DESIGNATED TO ATTRACT A HIGH VOLUME OF WALK -IN CUSTOMERS.8
301	301	(28) "W
302	302	HISTLEBLOWER" MEANS A PERSON WITH KNOWLEDGE OF9
303	303	AN ALLEGED VIOLATION OF THIS ARTICLE 12.5, REGARDLESS OF WHETHER10
304	304	THE PERSON IS AGGRIEVED BY THE VIOLATION , OR A REPRESENTATIVE OF11
305	305	SUCH A PERSON.12
306	306	(29) "W
307	307	ORK SCHEDULE" MEANS ALL OF A COVERED EMPLOYEE 'S13
308	308	SHIFTS, INCLUDING SPECIFIC START AND END TIMES AND LOCATIONS FOR14
309	309	EACH SHIFT, DURING A PERIOD OF SEVEN CONSECUTIVE DAYS .15
310	310	(30) "W
311	311	ORK SCHEDULE CHANGE" MEANS ANY MODIFICATION OF A16
312	312	COVERED EMPLOYEE 'S WORK SCHEDULE INITIATED BY A COVERED17
313	313	EMPLOYER, INCLUDING ANY:18
314	314	(a) A
315	315	DDITION OR REDUCTION OF HOURS;19
316	316	(b) C
317	317	ANCELLATION OF A SHIFT OR PORTION OF A SHIFT;20
318	318	(c) C
319	319	HANGE IN THE DATE, TIME, OR LOCATION OF A SHIFT; OR21
320	320	(d) S
321	321	CHEDULING OF THE COVERED EMPLOYEE FOR AN ON -CALL22
322	322	SHIFT.23
323	323	8-12.5-102. Determination of covered employees' work24
324	324	schedules - anticipated work plans - covered employees' written25
325	325	statements - rules. (1) F
326	326	OR ALL COVERED EMPLOYEES EMPLOYED ON THE26
327	327	EFFECTIVE DATE OF THIS ARTICLE 12.5, AND AT THE TIME OF HIRE OR AS27
328	328	HB23-1118
329	329	-9- SOON AS PRACTICABLE THEREAFTER FOR ALL NEWLY COVERED1
330	330	EMPLOYEES, A COVERED EMPLOYER SHALL OBTAIN FROM EACH COVERED2
331	331	EMPLOYEE A WRITTEN STATEMENT OF THE COVERED EMPLOYEE 'S DESIRED3
332	332	NUMBER OF WEEKLY WORK HOURS AND THE DAYS AND TIMES THAT THE4
333	333	COVERED EMPLOYEE IS AVAILABLE TO WORK . IDENTIFICATION OF SHIFTS5
334	334	FEWER THAN TWELVE HOURS APART AMONG THE SHIFTS THAT THE6
335	335	COVERED EMPLOYEE IS AVAILABLE TO WORK DOES NOT ESTABLISH THE7
336	336	CONSENT REQUIRED TO WORK SUCH SHIFTS PURSUANT TO SECTION8
337	337	8-12.5-105
338	338	(2). THE COVERED EMPLOYER SHALL PROVIDE WRITTEN9
339	339	NOTIFICATION TO THE COVERED EMPLOYEE THAT THE COVERED EMPLOYEE10
340	340	MAY MODIFY THE WRITTEN STATEMENT IN WRITING AT ANY TIME .11
341	341	(2) (a) F
342	342	OR ALL COVERED EMPLOYEES EMPLOYED ON THE12
343	343	EFFECTIVE DATE OF THIS ARTICLE 12.5, AND FOR ALL OTHER COVERED13
344	344	EMPLOYEES AT THE TIME OF HIRE, A COVERED EMPLOYER SHALL PROVIDE14
345	345	EACH COVERED EMPLOYEE AN ANTICIPATED WORK PLAN . THE COVERED15
346	346	EMPLOYER SHALL REVISE THE ANTICIPATED WORK PLAN , IN ACCORDANCE16
347	347	WITH RULES PROMULGATED BY THE DIRECTOR , WHEN THERE IS A17
348	348	SIGNIFICANT CHANGE TO THE COVERED EMPLOYEE 'S WORK SCHEDULE DUE18
349	349	TO CHANGES IN THE COVERED EMPLOYEE 'S AVAILABILITY OR TO THE19
350	350	COVERED EMPLOYER'S BUSINESS NEEDS.20
351	351	(b) I
352	352	N PROMULGATING RULES PURSUANT TO SUBSECTION (2)(a) OF21
353	353	THIS SECTION, THE DIRECTOR SHALL ENSURE THAT "SIGNIFICANT CHANGE"22
354	354	INCLUDES A CHANGE RESULTING IN AN INCREASE OR DECREASE OF FIFTEEN23
355	355	PERCENT OR MORE FROM THE AVERAGE NUMBER OF WORK HOURS24
356	356	SPECIFIED IN THE COVERED EMPLOYEE 'S ANTICIPATED WORK PLAN OR A25
357	357	CHANGE IN THE LOCATION, TIME, OR DAY OF A SHIFT.26
358	358	(3) (a) I
359	359	N ESTABLISHING EACH COVERED EMPLOYEE 'S ANTICIPATED27
360	360	HB23-1118
361	361	-10- WORK PLAN, EACH COVERED EMPLOYER IS ENCOURAGED TO ENGAGE IN A1
362	362	TIMELY, GOOD-FAITH, AND INTERACTIVE PROCESS THAT INCLUDES A2
363	363	DISCUSSION BETWEEN THE COVERED EMPLOYER AND THE COVERED3
364	364	EMPLOYEE FOR THE PURPOSE OF ARRIVING AT A MUTUALLY BENEFICIAL4
365	365	ARRANGEMENT OF AN ANTICIPATED WORK PLAN THAT MEETS THE NEEDS5
366	366	OF THE COVERED EMPLOYEE AND THE COVERED EMPLOYER . THE6
367	367	DISCUSSION MAY INCLUDE THE PROPOSAL OF ALTERNATIVES BY THE7
368	368	COVERED EMPLOYER AND THE COVERED EMPLOYEE . A COVERED8
369	369	EMPLOYER MAY GRANT OR DENY A COVERED EMPLOYEE 'S REQUEST9
370	370	CONCERNING AN ANTICIPATED WORK PLAN FOR ANY REASON THAT IS NOT10
371	371	UNLAWFUL.11
372	372	(b) E
373	373	ACH COVERED EMPLOYEE 'S ANTICIPATED WORK PLAN MUST12
374	374	INCLUDE:13
375	375	(I) T
376	376	HE AVERAGE NUMBER OF WORK HOURS THE COVERED14
377	377	EMPLOYEE CAN EXPECT TO WORK EACH WEEK OVER A TYPICAL15
378	378	NINETY-DAY PERIOD;16
379	379	(II) T
380	380	HE MINIMUM AND MAXIMUM NUMBERS OF WORK HOURS THE17
381	381	COVERED EMPLOYEE CAN EXPECT TO WORK EACH WEEK ;18
382	382	(III) T
383	383	HE MINIMUM AND MAXIMUM LENGTH OF SHIFTS THAT THE19
384	384	COVERED EMPLOYEE CAN EXPECT TO WORK ;20
385	385	(IV) W
386	386	HETHER THE COVERED EMPLOYEE CAN EXPECT TO WORK21
387	387	ANY ON-CALL SHIFTS;22
388	388	(V) A
389	389	SUBSET OF DAYS AND A SUBSET OF TIMES OR SHIFTS THAT23
390	390	THE COVERED EMPLOYEE CAN TYPICALLY EXPECT TO WORK ;24
391	391	(VI) A
392	392	SUBSET OF DAYS OF THE WEEK AND TIMES OR SHIFTS WHEN25
393	393	THE COVERED EMPLOYEE WILL NOT BE SCHEDULED TO WORK ; AND26
394	394	(VII) T
395	395	HE ANTICIPATED LOCATION OR LOCATIONS OF MOST OR ALL27
396	396	HB23-1118
397	397	-11- SCHEDULED SHIFTS.1
398	398	(4) T
399	399	HE TOTAL NUMBER OF HOURS IN A COVERED EMPLOYEE 'S2
400	400	WORK SCHEDULE MUST NOT VARY BY MORE THAN FIFTEEN PERCENT FROM3
401	401	THE AVERAGE NUMBER OF WORK HOURS SPECIFIED IN THE COVERED4
402	402	EMPLOYEE'S ANTICIPATED WORK PLAN PURSUANT TO SUBSECTION (2) OF5
403	403	THIS SECTION UNLESS THE COVERED EMPLOYEE CONSENTED TO OR6
404	404	REQUESTED SUCH CHANGES IN WRITING .7
405	405	8-12.5-103. Notice of covered employees' work schedules -8
406	406	posted work schedules - notice of changes required - consent to9
407	407	additional work required. (1) A
408	408	T THE TIME OF HIRE, A COVERED10
409	409	EMPLOYER SHALL PROVIDE THE COVERED EMPLOYEE A WRITTEN INITIAL11
410	410	WORK SCHEDULE. NOT LATER THAN SEVEN DAYS AFTER THE DAY UPON12
411	411	WHICH THE COVERED EMPLOYEE COMMENCES EMPLOYMENT , AND NOT13
412	412	LATER THAN SEVEN DAYS BEFORE THE FIRST DAY OF THE NEW COVERED14
413	413	EMPLOYEE'S FIRST DAY OF WORK SCHEDULED AFTER THE INITIAL WORK15
414	414	SCHEDULE, THE COVERED EMPLOYER SHALL PROVIDE THE COVERED16
415	415	EMPLOYEE WRITTEN NOTICE OF THE COVERED EMPLOYEE 'S FIRST WORK17
416	416	SCHEDULE AND POST IT AS DESCRIBED IN SUBSECTION (2) OF THIS SECTION.18
417	417	T
418	418	HE COVERED EMPLOYER SHALL PROVIDE THE COVERED EMPLOYEE19
419	419	WRITTEN NOTICE OF ALL SUBSEQUENT WORK SCHEDULES AS DESCRIBED IN20
420	420	SUBSECTION (2) OF THIS SECTION.21
421	421	(2) A
422	422	COVERED EMPLOYER SHALL PROVIDE WRITTEN NOTICE OF22
423	423	EACH COVERED EMPLOYEE 'S WORK SCHEDULE NOT LATER THAN FOURTEEN23
424	424	DAYS BEFORE THE FIRST DAY OF ANY NEW WORK SCHEDULE . A COVERED24
425	425	EMPLOYER SHALL ALSO POST COVERED EMPLOYEES ' WORK SCHEDULES IN25
426	426	A CONSPICUOUS AND ACCESSIBLE PLACE WHERE NOTICES ARE26
427	427	CUSTOMARILY POSTED OR IN ELECTRONIC FORM AT A SITE TO WHICH27
428	428	HB23-1118
429	429	-12- COVERED EMPLOYEES IN THE WORKPLACE HAVE ACCESS . THE POSTED1
430	430	WORK SCHEDULE MUST :2
431	431	(a) I
432	432	NCLUDE EACH COVERED EMPLOYEE 'S SHIFTS AT THAT3
433	433	WORKPLACE, REGARDLESS OF WHETHER THE COVERED EMPLOYEE IS4
434	434	SCHEDULED TO WORK OR TO BE ON CALL ; AND5
435	435	(b) E
436	436	XCEPT AS PROVIDED IN SUBSECTION (1) OF THIS SECTION, BE6
437	437	POSTED NO LATER THAN FOURTEEN DAYS BEFORE THE FIRST DAY OF ANY7
438	438	NEW WORK SCHEDULE .8
439	439	(3) (a) N
440	440	OTWITHSTANDING ANY PROVISION OF THIS ARTICLE 12.59
441	441	TO THE CONTRARY, A COVERED EMPLOYEE WHO IS A VICTIM OF OR HAS A10
442	442	FAMILY MEMBER OR HOUSEHOLD MEMBER WHO IS A VICTIM OF DOMESTIC11
443	443	ABUSE, SEXUAL ASSAULT, OR HARASSMENT MAY REQUEST THAT THE12
444	444	COVERED EMPLOYER:13
445	445	(I) S
446	446	UBMIT THE COVERED EMPLOYEE 'S WORK SCHEDULE ONLY TO14
447	447	THE COVERED EMPLOYEE BY A METHOD OF DELIVERY DETERMINED BY THE15
448	448	COVERED EMPLOYEE TO ENSURE PRIVACY AND SAFETY ; AND16
449	449	(II) N
450	450	OT POST THE COVERED EMPLOYEE 'S WORK SCHEDULE OR17
451	451	TRANSMIT IT TO OTHERS.18
452	452	(b) A
453	453	N ORAL REQUEST MADE PURSUANT TO SUBSECTION (3)(a) OF19
454	454	THIS SECTION IS SUFFICIENT. A COVERED EMPLOYER SHALL COMPLY WITH20
455	455	A COVERED EMPLOYEE 'S REQUEST IMMEDIATELY UPON RECEIVING THE21
456	456	REQUEST.22
457	457	(c) A
458	458	COVERED EMPLOYER MAY REQUEST A WRITTEN STATEMENT23
459	459	FROM THE COVERED EMPLOYEE THAT STATES THAT THE COVERED24
460	460	EMPLOYEE IS A VICTIM OF OR HAS A FAMILY MEMBER OR HOUSEHOLD25
461	461	MEMBER WHO IS A VICTIM OF DOMESTIC ABUSE , SEXUAL ASSAULT, OR26
462	462	HARASSMENT. HOWEVER, A COVERED EMPLOYER SHALL NOT REQUIRE27
463	463	HB23-1118
464	464	-13- SUCH A WRITTEN STATEMENT FROM A COVERED EMPLOYEE AS A1
465	465	CONDITION OF THE COVERED EMPLOYER 'S COMPLIANCE WITH THIS2
466	466	SUBSECTION (3).3
467	467	(4) A
468	468	COVERED EMPLOYER SHALL PROVIDE A COVERED EMPLOYEE4
469	469	NOTICE OF ANY PROPOSED WORK SCHEDULE CHANGES AS PROMPTLY AS5
470	470	POSSIBLE AND BEFORE THE CHANGE TAKES EFFECT . THE COVERED6
471	471	EMPLOYER SHALL REVISE THE WRITTEN WORK SCHEDULE TO REFLECT ANY7
472	472	SUCH WORK SCHEDULE CHANGE WITHIN TWENTY -FOUR HOURS AFTER8
473	473	MAKING THE CHANGE.9
474	474	(5) A
475	475	COVERED EMPLOYEE MAY CONSENT IN WRITING TO WORK10
476	476	ANY ADDITIONAL HOURS OR ADDITIONAL SHIFTS THAT ARE NOT INCLUDED11
477	477	IN A POSTED WORK SCHEDULE . EXCEPT AS DESCRIBED IN SECTION12
478	478	8-12.5-104
479	479	(2), IF A COVERED EMPLOYEE CONSENTS TO WORK ADDITIONAL13
480	480	HOURS OR ADDITIONAL SHIFTS, THE COVERED EMPLOYER SHALL OBTAIN14
481	481	THE COVERED EMPLOYEE'S WRITTEN CONSENT.15
482	482	(6) N
483	483	OTHING IN THIS SECTION PROHIBITS A COVERED EMPLOYER16
484	484	FROM PROVIDING GREATER ADVANCE NOTICE OF A COVERED EMPLOYEE 'S17
485	485	WORK SCHEDULE OR WORK SCHEDULE CHANGES THAN WHAT IS REQUIRED18
486	486	BY THIS SECTION.19
487	487	8-12.5-104. Work schedule changes - predictability pay for20
488	488	covered employees - exemptions. (1) E
489	489	XCEPT AS SPECIFIED IN21
490	490	SUBSECTION (2) OF THIS SECTION, FOR EACH WORK SCHEDULE CHANGE22
491	491	THAT A COVERED EMPLOYER INITIATES AFTER PROVIDING THE NOTICE23
492	492	DESCRIBED IN SECTION 8-12.5-103, A COVERED EMPLOYER SHALL PAY , IN24
493	493	ADDITION TO THE COVERED EMPLOYEE 'S REGULAR RATE OF PAY FOR25
494	494	HOURS ACTUALLY WORKED BY THE COVERED EMPLOYEE , PREDICTABILITY26
495	495	PAY AT THE FOLLOWING RATES:27
496	496	HB23-1118
497	497	-14- (a) ONE HOUR OF PREDICTABILITY PAY AT THE COVERED1
498	498	EMPLOYEE'S REGULAR RATE OF PAY WHEN THE COVERED EMPLOYER ADDS2
499	499	TIME TO A SHIFT OR CHANGES THE LOCATION OF A SHIFT ; AND3
500	500	(b) T
501	501	WO HOURS OF PREDICTABILITY PAY WHEN THE COVERED4
502	502	EMPLOYER SUBTRACTS TIME FROM A SHIFT OR CHANGES THE DATE OR TIME5
503	503	OF THE SHIFT;6
504	504	(2) A
505	505	COVERED EMPLOYER IS NOT REQUIRED TO PAY7
506	506	PREDICTABILITY PAY UNDER THIS SECTION OR OBTAIN WRITTEN CONSENT8
507	507	PURSUANT TO SECTION 8-12.5-103 (5) IF:9
508	508	(a) A
509	509	COVERED EMPLOYEE REQUESTS A SHIFT CHANGE BY WRITTEN10
510	510	COMMUNICATION, INCLUDING:11
511	511	(I) V
512	512	OLUNTARY ADDITIONS OR SUBTRACTIONS OF HOURS THAT ARE12
513	513	INITIATED BY THE COVERED EMPLOYEE ; AND13
514	514	(II) T
515	515	HE USE OF SICK LEAVE, VACATION LEAVE, OR OTHER LEAVE14
516	516	POLICIES OFFERED BY THE COVERED EMPLOYER ;15
517	517	(b) A
518	518	SCHEDULE CHANGE IS THE RESULT OF A SHIFT TRADE OR16
519	519	COVERAGE ARRANGEMENT UPON WHICH TWO OR MORE COVERED17
520	520	EMPLOYEES HAVE MUTUALLY AGREED , SUBJECT TO ANY POLICY OF THE18
521	521	COVERED EMPLOYER REGARDING REQUIRED CONDITIONS UNDER WHICH19
522	522	COVERED EMPLOYEES MAY EXCHANGE SHIFTS ; OR20
523	523	(c) A
524	524	COVERED EMPLOYEE'S WORK HOURS ARE SUBTRACTED DUE21
525	525	TO TERMINATION OF THE COVERED EMPLOYEE 'S EMPLOYMENT.22
526	526	8-12.5-105. Right to rest for covered employees - consent to23
527	527	work required - rest shortfall pay. (1) A
528	528	COVERED EMPLOYEE MAY24
529	529	DECLINE, WITHOUT PENALTY, ANY WORK HOURS THAT ARE SCHEDULED OR25
530	530	OTHERWISE OCCUR:26
531	531	(a) L
532	532	ESS THAN TWELVE HOURS AFTER THE END OF THE PREVIOUS27
533	533	HB23-1118
534	534	-15- DAY'S SHIFT; OR1
535	535	(b) D
536	536	URING THE TWELVE HOURS FOLLOWING THE END OF A SHIFT2
537	537	THAT SPANNED TWO DAYS .3
538	538	(2) A
539	539	COVERED EMPLOYEE MAY CONSENT TO WORK HOURS4
540	540	DESCRIBED IN SUBSECTION (1) OF THIS SECTION; HOWEVER, THE COVERED5
541	541	EMPLOYEE MUST PROVIDE WRITTEN CONSENT TO THE COVERED EMPLOYER6
542	542	FOR EACH SUCH SHIFT OR FOR MULTIPLE SHIFTS AND MAY REVOKE THE7
543	543	CONSENT AT ANY TIME UNTIL FORTY -EIGHT HOURS BEFORE THE SHIFT8
544	544	BEGINS.9
545	545	(3) W
546	546	HEN A COVERED EMPLOYEE WORKS HOURS DESCRIBED IN10
547	547	SUBSECTION (1) OF THIS SECTION, THE COVERED EMPLOYER SHALL PAY11
548	548	THE COVERED EMPLOYEE REST SHORTFALL PAY AT A RATE OF AT LEAST12
549	549	ONE AND ONE-HALF TIMES THE COVERED EMPLOYEE 'S REGULAR RATE OF13
550	550	PAY FOR THE HOURS WORKED .14
551	551	8-12.5-106. Offer of work to existing covered employees -15
552	552	retention pay for covered employees - rules. (1) B
553	553	EFORE HIRING A NEW16
554	554	COVERED EMPLOYEE , INCLUDING ANY HIRING THROUGH A CLIENT17
555	555	EMPLOYER, CONTRACTOR, OR APPLICANT POOL, A COVERED EMPLOYER18
556	556	SHALL:19
557	557	(a) M
558	558	AKE EVERY REASONABLE EFFORT TO SCHEDULE ITS EXISTING20
559	559	COVERED EMPLOYEES FOR THEIR DESIRED NUMBER OF WEEKLY WORK21
560	560	HOURS IDENTIFIED IN THEIR WRITTEN STATEMENTS PROVIDED PURSUANT22
561	561	TO SECTION 8-12.5-102 (1), UP TO FORTY HOURS PER WEEK OR TWELVE23
562	562	HOURS PER DAY; AND24
563	563	(b) (I) O
564	564	FFER AND DISTRIBUTE WORK HOURS TO ONE OR MORE25
565	565	EXISTING COVERED EMPLOYEES AT THE LOCATION WHERE THE NEW26
566	566	COVERED EMPLOYEE'S WORK IS TO BE PERFORMED; OR27
567	567	HB23-1118
568	568	-16- (II) OFFER AND DISTRIBUTE ADDITIONAL WORK HOURS TO1
569	569	COVERED EMPLOYEES EMPLOYED AT OTHER LOCATIONS IF :2
570	570	(A) N
571	571	O EXISTING COVERED EMPLOYEE AT THE LOCATION WHERE3
572	572	A PROPOSED NEW COVERED EMPLOYEE IS TO WORK ACCEPTS THE4
573	573	ADDITIONAL WORK HOURS OFFERED BY THE COVERED EMPLOYER5
574	574	PURSUANT TO SUBSECTION (1)(b)(I) OF THIS SECTION; OR6
575	575	(B) E
576	576	XISTING COVERED EMPLOYEES AT THE LOCATION WHERE A7
577	577	PROPOSED NEW COVERED EMPLOYEE IS TO WORK WHO ACCEPT THE8
578	578	ADDITIONAL WORK HOURS LACK AND CANNOT OBTAIN WITH REASONABLE9
579	579	TRAINING THE QUALIFICATIONS NECESSARY TO PERFORM THE WORK .10
580	580	(2) (a) A
581	581	COVERED EMPLOYER MAY HIRE A NEW COVERED11
582	582	EMPLOYEE IF:12
583	583	(I) P
584	584	URSUANT TO SUBSECTION (1)(b)(I) OR (1)(b)(II) OF THIS13
585	585	SECTION, AN INSUFFICIENT NUMBER OF EXISTING COVERED EMPLOYEES AT14
586	586	A LOCATION ACCEPT ADDITIONAL WORK HOURS AND EXISTING COVERED15
587	587	EMPLOYEES AT THE LOCATION WHO ACCEPT THE ADDITIONAL WORK HOURS16
588	588	LACK AND CANNOT OBTAIN WITH REASONABLE TRAINING THE17
589	589	QUALIFICATIONS NECESSARY TO PERFORM THE WORK ; AND18
590	590	(II) T
591	591	HE REMAINING COVERED EMPLOYEES , IF ANY, LACK AND19
592	592	CANNOT OBTAIN WITH REASONABLE TRAINING THE QUALIFICATIONS20
593	593	NECESSARY TO PERFORM THE WORK .21
594	594	(b) A
595	595	COVERED EMPLOYER'S SYSTEM FOR THE DISTRIBUTION OF22
596	596	SHIFTS MUST NOT VIOLATE ANY FEDERAL , STATE, OR LOCAL LAW,23
597	597	INCLUDING LAWS THAT PROHIBIT DISCRIMINATION .24
598	598	(3) W
599	599	HEN HOURS BECOME AVAILABLE THAT MUST BE OFFERED TO25
600	600	EXISTING COVERED EMPLOYEES PURSUANT TO SUBSECTION (1)(b) OF THIS26
601	601	SECTION, A COVERED EMPLOYER SHALL POST A NOTICE AND PROVIDE27
602	602	HB23-1118
603	603	-17- WRITTEN OR ELECTRONIC NOTICE OF THE HOURS TO COVERED EMPLOYEES .1
604	604	T
605	605	HE NOTICE MUST INCLUDE INFORMATION SPECIFIED IN RULES2
606	606	PROMULGATED BY THE DIRECTOR . A COVERED EMPLOYER SHALL POST THE3
607	607	NOTICE FOR FOUR CONSECUTIVE CALENDAR DAYS IN A CONSPICUOUS AND4
608	608	ACCESSIBLE PLACE WHERE NOTICES TO COVERED EMPLOYEES ARE5
609	609	CUSTOMARILY POSTED, UNLESS A SHORTER POSTING PERIOD IS NECESSARY6
610	610	IN ORDER FOR THE WORK TO BE TIMELY PERFORMED AND AS MAY BE7
611	611	PRESCRIBED BY RULES PROMULGATED BY THE DIRECTOR .8
612	612	(4) I
613	613	F A COVERED EMPLOYER FAILS TO OFFER AN EXISTING9
614	614	COVERED EMPLOYEE AN OPPORTUNITY TO WORK THE COVERED10
615	615	EMPLOYEE'S DESIRED ADDITIONAL NUMBER OF WEEKLY WORK HOURS11
616	616	BEFORE HIRING A NEW COVERED EMPLOYEE , THE COVERED EMPLOYER12
617	617	SHALL PROVIDE THE EXISTING COVERED EMPLOYEE RETENTION PAY FOR13
618	618	A SIX-MONTH PERIOD BEGINNING ON THE NEW COVERED EMPLOYEE 'S14
619	619	DATE-OF-HIRE AT THE EXISTING COVERED EMPLOYEE 'S REGULAR RATE OF15
620	620	PAY FOR THE HOURS WORKED BY THE NEWLY HIRED COVERED EMPLOYEE16
621	621	THAT OCCUR WITHIN THE EXISTING COVERED EMPLOYEE 'S AVAILABILITY17
622	622	IDENTIFIED IN THE COVERED EMPLOYEE'S WRITTEN STATEMENT PROVIDED18
623	623	PURSUANT TO SECTION 8-12.5-102 (1).19
624	624	8-12.5-107. Minimum weekly pay adjustment - waiver.20
625	625	(1) E
626	626	XCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, A COVERED21
627	627	EMPLOYER SHALL PAY EACH COVERED EMPLOYEE MINIMUM WEEKLY PAY22
628	628	IN AN AMOUNT THAT CORRESPONDS TO FIFTEEN PERCENT OF THE AVERAGE23
629	629	WEEKLY HOURS INDICATED IN THE COVERED EMPLOYEE 'S ANTICIPATED24
630	630	WORK PLAN DESCRIBED IN SECTION 8-12.5-102, PAID AT THE COVERED25
631	631	EMPLOYEE'S REGULAR RATE OF PAY PER HOUR OF WORK OR THE MINIMUM26
632	632	WAGE, WHICHEVER IS MORE, DURING ANY SEVEN-DAY PERIOD. WAGES27
633	633	HB23-1118
634	634	-18- PAID FOR HOURS WORKED OR PAID LEAVE , INCLUDING PAID BENEFIT TIME1
635	635	DURING THE SEVEN-DAY PERIOD, MAY BE USED TO SATISFY A COVERED2
636	636	EMPLOYER'S OBLIGATION UNDER THIS SUBSECTION (1).3
637	637	(2) A
638	638	COVERED EMPLOYEE WHO , AT THE COVERED EMPLOYEE 'S4
639	639	REQUEST, DOES NOT WORK OR TAKES UNPAID LEAVE DURING A5
640	640	PARTICULAR WEEK MAY WAIVE THE REQUIREMENT OF SUBSECTION (1) OF6
641	641	THIS SECTION IF THE COVERED EMPLOYEE DESIGNATES IN WRITING THE7
642	642	SPECIFIC WEEK OR WEEKS FOR WHICH THE MINIMUM WEEKLY PAY IS8
643	643	WAIVED.9
644	644	8-12.5-108. Discrimination prohibited - permissible bases for10
645	645	differences in wages or work conditions. (1) (a) W
646	646	ITH RESPECT TO11
647	647	COVERED EMPLOYEES WHO ARE EMPLOYED IN POSITIONS THAT REQUIRE12
648	648	SUBSTANTIALLY SIMILAR SKILLS, EFFORT, RESPONSIBILITIES, AND DUTIES13
649	649	AND THAT ARE PERFORMED UNDER SIMILAR WORKING CONDITIONS , A14
650	650	COVERED EMPLOYER SHALL NOT DISCRIMINATE , RETALIATE, OR TAKE ANY15
651	651	ADVERSE ACTION AGAINST A COVERED EMPLOYEE BASED ON :16
652	652	(I) T
653	653	HE NUMBER OF HOURS THE COVERED EMPLOYEE IS SCHEDULED17
654	654	TO WORK OR ACTUALLY WORKS ;18
655	655	(II) T
656	656	HE COVERED EMPLOYEE 'S EXPECTED DURATION OF19
657	657	EMPLOYMENT; OR20
658	658	(III) T
659	659	HE COVERED EMPLOYEE'S DESIRED WORK HOURS, DAYS, OR21
660	660	TIMES, AS INDICATED PURSUANT TO SECTION 8-12.5-102 (1).22
661	661	(b) F
662	662	OR THE PURPOSES OF SUBSECTION (1)(a) OF THIS SECTION,23
663	663	"
664	664	DISCRIMINATE" INCLUDES PROVIDING SIMILARLY SITUATED COVERED24
665	665	EMPLOYEES WITH DIFFERENT:25
666	666	(I) H
667	667	OURLY WAGES;26
668	668	(II) E
669	669	LIGIBILITY FOR BENEFITS ACCRUED BASED ON TIME WORKED ;27
670	670	HB23-1118
671	671	-19- (III) OPPORTUNITIES TO APPLY FOR A PROMOTION ; OR1
672	672	(IV) O
673	673	THER CONDITIONS OF EMPLOYMENT .2
674	674	(2) T
675	675	HIS SECTION DOES NOT PROHIBIT DIFFERENCES IN HOURLY3
676	676	WAGES OR OTHER CONDITIONS OF EMPLOYMENT FOR REASONS OTHER4
677	677	THAN THOSE DESCRIBED IN SUBSECTION (1) OF THIS SECTION. FOR THE5
678	678	PURPOSES OF THIS SECTION, THE DATE OF HIRE, A MERIT SYSTEM, OR A6
679	679	SYSTEM THAT MEASURES EARNINGS BY QUANTITY PER HOUR OR QUALITY7
680	680	OF PRODUCTION IS A PERMISSIBLE BASIS FOR DIFFERENCES IN HOURLY8
681	681	WAGES OR OTHER CONDITIONS OF EMPLOYMENT .9
682	682	8-12.5-109. Right of employees to request work schedule10
683	683	modifications or flexible working arrangements. (1) A
684	684	T THE TIME OF11
685	685	HIRE AND AT ANY TIME DURING EMPLOYMENT , AN EMPLOYEE MAY12
686	686	REQUEST SCHEDULE MODIFICATIONS OR FLEXIBLE WORKING13
687	687	ARRANGEMENTS, INCLUDING REQUESTS:14
688	688	(a) T
689	689	O NOT BE SCHEDULED FOR SHIFTS DURING CERTAIN DAYS OR15
690	690	TIMES OR AT CERTAIN LOCATIONS;16
691	691	(b) T
692	692	O NOT WORK ON-CALL SHIFTS;17
693	693	(c) F
694	694	OR CERTAIN HOURS, DAYS, OR LOCATIONS OF WORK;18
695	695	(d) F
696	696	OR MORE OR FEWER WORK HOURS ;19
697	697	(e) F
698	698	OR CHANGES IN SHIFT START AND END TIMES ;20
699	699	(f) F
700	700	OR PART-TIME EMPLOYMENT OR PART-YEAR EMPLOYMENT; OR21
701	701	(g) F
702	702	OR A REDUCTION OR CHANGE IN WORK DUTIES .22
703	703	(2) I
704	704	F AN EMPLOYEE MAKES A REQUEST FOR A SCHEDULE23
705	705	MODIFICATION OR FLEXIBLE WORKING ARRANGEMENTS AS DESCRIBED IN24
706	706	SUBSECTION (1) OF THIS SECTION DUE TO A SERIOUS HEALTH CONDITION25
707	707	OF THE EMPLOYEE, THE EMPLOYEE'S RESPONSIBILITIES AS A CAREGIVER,26
708	708	OR THE EMPLOYEE'S ENROLLMENT IN A CAREER-RELATED EDUCATIONAL27
709	709	HB23-1118
710	710	-20- OR TRAINING PROGRAM, AND THE EMPLOYEE IDENTIFIES THE SERIOUS1
711	711	HEALTH CONDITION, CAREGIVING, OR EDUCATION AS THE REASON FOR THE2
712	712	REQUEST, THE EMPLOYER SHALL GRANT THE REQUEST UNLESS THE3
713	713	EMPLOYER HAS A BONA FIDE BUSINESS REASON FOR DENYING THE4
714	714	REQUEST. IN THE EVENT OF A DENIAL, THE EMPLOYER SHALL CONSIDER5
715	715	ALTERNATIVES TO THE PROPOSED CHANGES THAT MIGHT MEET THE6
716	716	EMPLOYEE'S NEEDS. IF AN EMPLOYER DENIES SUCH A REQUEST FOR A BONA7
717	717	FIDE BUSINESS REASON, THE EMPLOYER SHALL PROVIDE THE EMPLOYEE8
718	718	WITH THE REASON FOR THE DENIAL IN WRITING .9
719	719	(3) I
720	720	F AN EMPLOYEE MAKES A REQUEST FOR A SCHEDULE10
721	721	MODIFICATION OR FLEXIBLE WORKING ARRANGEMENTS AS DESCRIBED IN11
722	722	SUBSECTION (1) OF THIS SECTION FOR A REASON OTHER THAN THOSE12
723	723	REASONS DESCRIBED IN SUBSECTION (2) OF THIS SECTION, THE EMPLOYER13
724	724	MAY DENY THE REQUEST FOR ANY REASON THAT IS NOT UNLAWFUL . IN THE14
725	725	EVENT OF A DENIAL, THE EMPLOYER SHALL CONSIDER ALTERNATIVES TO15
726	726	THE PROPOSED CHANGES THAT MIGHT MEET THE EMPLOYEE 'S NEEDS. IF16
727	727	THE EMPLOYER DENIES SUCH A REQUEST , THE EMPLOYER SHALL PROVIDE17
728	728	THE EMPLOYEE WITH THE REASON FOR THE DENIAL IN WRITING .18
729	729	8-12.5-110. Retaliation prohibited - rebuttable presumption19
730	730	of retaliation. (1) I
731	731	T IS UNLAWFUL FOR:20
732	732	(a) A
733	733	N EMPLOYER OR ANY OTHER PERSON TO INTERFERE WITH ,21
734	734	RESTRAIN, OR DENY ANY PERSON'S ATTEMPT TO EXERCISE ANY RIGHT22
735	735	PROTECTED UNDER THIS ARTICLE 12.5; OR23
736	736	(b) A
737	737	PERSON TO TAKE AN ADVERSE ACTION AGAINST AN24
738	738	EMPLOYEE THAT PENALIZES THE EMPLOYEE FOR , OR IS REASONABLY25
739	739	LIKELY TO DETER THE EMPLOYEE FROM , EXERCISING OR ATTEMPTING TO26
740	740	EXERCISE ANY RIGHT PROTECTED UNDER THIS ARTICLE 12.5.27
741	741	HB23-1118
742	742	-21- (2) THE PROTECTIONS OF THIS SECTION APPLY TO A PERSON WHO1
743	743	MISTAKENLY BUT IN GOOD FAITH ALLEGES A VIOLATION OF THIS ARTICLE2
744	744	12.5.3
745	745	(3) I
746	746	F AN EMPLOYER OR A PERSON ACTING ON BEHALF OF THE4
747	747	EMPLOYER TAKES AN ADVERSE ACTION AGAINST AN EMPLOYEE WITHIN5
748	748	NINETY CALENDAR DAYS AFTER THE EMPLOYEE EXERCISES A RIGHT6
749	749	PROTECTED IN THIS ARTICLE 12.5, THERE IS A REBUTTABLE PRESUMPTION7
750	750	THAT THE EMPLOYER HAS RETALIATED .8
751	751	(4) I
752	752	N THE CASE OF SEASONAL EMPLOYMENT THAT ENDS BEFORE9
753	753	THE EXPIRATION OF THE NINETY-DAY PERIOD DESCRIBED IN SUBSECTION10
754	754	(3)
755	755	OF THIS SECTION, THE PRESUMPTION DESCRIBED IN SAID SUBSECTION11
756	756	(3)
757	757	APPLIES IF THE EMPLOYER FAILS TO REHIRE A FORMER EMPLOYEE AT12
758	758	THE NEXT OPPORTUNITY TO HIRE THE FORMER EMPLOYEE FOR WORK IN13
759	759	THE SAME POSITION.14
760	760	8-12.5-111. Notice of rights - rules. (1) A
761	761	COVERED EMPLOYER15
762	762	SHALL POST AND KEEP POSTED, IN CONSPICUOUS AND ACCESSIBLE PLACES16
763	763	ON THE PREMISES OF THE COVERED EMPLOYER , A NOTICE THAT:17
764	764	(a) S
765	765	ETS FORTH COVERED EMPLOYEES ' RIGHTS AND PRIVILEGES18
766	766	UNDER THIS ARTICLE 12.5;19
767	767	(b) S
768	768	TATES THAT RETALIATION AGAINST COVERED EMPLOYEES FOR20
769	769	EXERCISING THOSE RIGHTS IS PROHIBITED; AND21
770	770	(c) P
771	771	ROVIDES SUCH OTHER INFORMATION AS THE DIVISION MAY22
772	772	REQUIRE.23
773	773	(2) I
774	774	F A COVERED EMPLOYER DISTRIBUTES AN EMPLOYEE24
775	775	HANDBOOK TO COVERED EMPLOYEES , THE COVERED EMPLOYER SHALL25
776	776	INCLUDE IN THE HANDBOOK THE NOTICE DESCRIBED IN SUBSECTION (1) OF26
777	777	THIS SECTION.27
778	778	HB23-1118
779	779	-22- (3) WITH EACH COVERED EMPLOYEE 'S FIRST PAYCHECK ON OR1
780	780	AFTER JANUARY 1, 2024, EACH COVERED EMPLOYER SHALL PROVIDE THE2
781	781	COVERED EMPLOYEE A NOTICE ADVISING THE COVERED EMPLOYEE OF THE3
782	782	RIGHTS AND PROTECTIONS DESCRIBED IN THIS ARTICLE 12.5.4
783	783	(4) T
784	784	HE DIRECTOR SHALL PROMULGATE RULES TO ESTABLISH THE5
785	785	FORM OF THE NOTICES REQUIRED BY THIS SECTION AND SHALL6
786	786	PROMULGATE RULES REQUIRING EMPLOYERS TO :7
787	787	(a) P
788	788	ROVIDE TO EACH EMPLOYEE A SEPARATE WRITTEN NOTICE8
789	789	CONCERNING EMPLOYEE RIGHTS DESCRIBED UNDER SECTION 8-12.5-109;9
790	790	AND10
791	791	(b) D
792	792	ISPLAY, IN A CONSPICUOUS AND ACCESSIBLE PLACE WHERE11
793	793	NOTICES ARE CUSTOMARILY POSTED , A POSTER CONCERNING EMPLOYEE12
794	794	RIGHTS DESCRIBED UNDER SECTION 8-12.5-109.13
795	795	8-12.5-112. Employer records - compliance - authority of14
796	796	director to investigate - identification of pay in paychecks - rules.15
797	797	(1) (a) C
798	798	OVERED EMPLOYERS SHALL KEEP RECORDS AS NECESSARY TO16
799	799	DEMONSTRATE COMPLIANCE WITH THIS ARTICLE 12.5, INCLUDING:17
800	800	(I) W
801	801	RITTEN STATEMENTS OBTAINED FROM COVERED EMPLOYEES18
802	802	PURSUANT TO SECTION 8-12.5-102 (1);19
803	803	(II) A
804	804	NTICIPATED WORK PLANS ESTABLISHED AND PROVIDED TO20
805	805	COVERED EMPLOYEES PURSUANT TO SECTION 8-12.5-102 (2);21
806	806	(III) N
807	807	OTICES INDICATING COVERED EMPLOYEES ' VOLUNTARY22
808	808	CONSENT TO WORK ADDITIONAL HOURS OR ADDITIONAL SHIFTS THAT ARE23
809	809	NOT INCLUDED IN A WORK SCHEDULE , AS REQUIRED BY SECTION24
810	810	8-12.5-103
811	811	(5);25
812	812	(IV) T
813	813	HE COVERED EMPLOYER 'S OFFERS OF SHIFTS TO EXISTING26
814	814	COVERED EMPLOYEES AND COVERED EMPLOYEES ' RESPONSES TO THE27
815	815	HB23-1118
816	816	-23- OFFERS, AS DESCRIBED IN SECTION 8-12.5-106; AND1
817	817	(V) P
818	818	AYROLL RECORDS THAT SPECIFY THE AMOUNT OF2
819	819	ADDITIONAL COMPENSATION PAID TO COVERED EMPLOYEES PURSUANT TO3
820	820	SECTIONS 8-12.5-104, 8-12.5-105, 8-12.5-106, AND 8-12.5-107.4
821	821	(b) E
822	822	MPLOYERS SHALL KEEP RECORDS AS NECESSARY TO5
823	823	DEMONSTRATE COMPLIANCE WITH SECTION 8-12.5-109.6
824	824	(c) E
825	825	MPLOYERS SHALL RETAIN THE RECORDS DESCRIBED IN7
826	826	SUBSECTION (1)(a) OR (1)(b) OF THIS SECTION, AS APPLICABLE, FOR THREE8
827	827	YEARS OR FOR THE DURATION OF A CLAIM , CIVIL ACTION, OR9
828	828	INVESTIGATION PENDING PURSUANT TO THIS ARTICLE 12.5, WHICHEVER IS10
829	829	LONGER.11
830	830	(2) E
831	831	XCEPT AS DESCRIBED IN SECTION 8-12.5-103 (3), UPON THE12
832	832	REQUEST OF ANY COVERED EMPLOYEE , AND IN ACCORDANCE WITH RULES13
833	833	PROMULGATED BY THE DIRECTOR , A COVERED EMPLOYER SHALL PROVIDE14
834	834	TO THE COVERED EMPLOYEE THE WORK SCHEDULES OF ALL COVERED15
835	835	EMPLOYEES AT THE COVERED EMPLOYEE 'S WORK LOCATION IN WRITING16
836	836	FOR ANY WEEK DURING THE PRECEDING TWO YEARS , INCLUDING THE17
837	837	ORIGINALLY POSTED WORK SCHEDULES AND ANY MODIFIED VERSIONS OF18
838	838	THEM.19
839	839	(3) T
840	840	HE DIRECTOR OR THE DIRECTOR 'S DESIGNEE MAY20
841	841	INVESTIGATE AND GATHER DATA PERTINENT TO MATTERS THAT MAY AID21
842	842	IN CARRYING OUT THE PROVISIONS OF THIS ARTICLE 12.5. IN ANY CASE22
843	843	WHERE A COMPLAINT HAS BEEN FILED WITH THE DIVISION REGARDING A23
844	844	VIOLATION OF THIS ARTICLE 12.5, OR WHERE THE DIRECTOR HAS24
845	845	REASONABLE GROUNDS TO BELIEVE THAT AN EMPLOYER HAS VIOLATED25
846	846	PROVISIONS OF THIS ARTICLE 12.5, THE DIRECTOR OR THE DIRECTOR 'S26
847	847	DESIGNEE MAY INVESTIGATE AND ISSUE SUBPOENAS REQUIRING THE27
848	848	HB23-1118
849	849	-24- ATTENDANCE AND TESTIMONY OF ANY WITNESS OR THE PRODUCTION OF1
850	850	ANY EVIDENCE IN CONNECTION WITH SUCH INVESTIGATION .2
851	851	(4) W
852	852	HEN AN ISSUE ARISES AS TO AN EMPLOYER 'S COMPLIANCE3
853	853	WITH THIS ARTICLE 12.5, IF THE EMPLOYER DOES NOT MAINTAIN OR RETAIN4
854	854	ADEQUATE RECORDS DOCUMENTING COMPLIANCE OR DOES NOT ALLOW5
855	855	THE DIVISION REASONABLE ACCESS TO THE RECORDS OR TO A RELEVANT6
856	856	WORK SITE WITHIN THIRTY DAYS AFTER THE DIVISION 'S REQUEST, IT IS7
857	857	PRESUMED THAT THE EMPLOYER DID NOT COMPLY WITH THIS ARTICLE8
858	858	12.5.9
859	859	(5) A
860	860	COVERED EMPLOYER SHALL INCLUDE IN EACH COVERED10
861	861	EMPLOYEE'S REGULAR PAYCHECK ANY PAY PROVIDED TO THE COVERED11
862	862	EMPLOYEE PURSUANT TO SECTION 8-12.5-104, 8-12.5-105, 8-12.5-106, OR12
863	863	8-12.5-107,
864	864	AS APPLICABLE, FOR THE PERIOD IN WHICH THE PAY IS13
865	865	ACCRUED. IN EACH CORRESPONDING WRITTEN WAGE STATEMENT OR PAY14
866	866	STUB, THE COVERED EMPLOYER SHALL IDENTIFY EACH TYPE OF15
867	867	COMPENSATION INCLUDED IN THE PAYCHECK AS FOLLOWS :16
868	868	(a) P
869	869	AY THAT A COVERED EMPLOYEE RECEIVES PURSUANT TO17
870	870	SECTION 8-12.5-104 (1)(a) SHALL BE IDENTIFIED AS "EXCESS TIME18
871	871	PREDICTABILITY PAY";19
872	872	(b) P
873	873	AY THAT A COVERED EMPLOYEE RECEIVES PURSUANT TO20
874	874	SECTION 8-12.5-104 (1)(b) SHALL BE IDENTIFIED AS "SHORT TIME21
875	875	PREDICTABILITY PAY";22
876	876	(c) P
877	877	AY THAT A COVERED EMPLOYEE RECEIVES PURSUANT TO23
878	878	SECTION 8-12.5-105 (3) SHALL BE IDENTIFIED AS "REST SHORTFALL PAY";24
879	879	(d) P
880	880	AY THAT A COVERED EMPLOYEE RECEIVES PURSUANT TO25
881	881	SECTION 8-12.5-106 (4) SHALL BE IDENTIFIED AS "RETENTION PAY"; AND26
882	882	(e) P
883	883	AY THAT A COVERED EMPLOYEE RECEIVES PURSUANT TO27
884	884	HB23-1118
885	885	-25- SECTION 8-12.5-107 SHALL BE IDENTIFIED AS A "MINIMUM WEEKLY PAY1
886	886	ADJUSTMENT".2
887	887	8-12.5-113. Available relief. (1) A
888	888	PERSON WHO IS AGGRIEVED3
889	889	BY A VIOLATION OF THIS ARTICLE 12.5 MAY SEEK RELIEF BY:4
890	890	(a) F
891	891	ILING A COMPLAINT WITH THE DIVISION PURSUANT TO SECTION5
892	892	8-12.5-114;
893	893	OR6
894	894	(b) B
895	895	RINGING A CIVIL ACTION IN DISTRICT COURT AGAINST AN7
896	896	EMPLOYER PURSUANT TO SECTION 8-12.5-115.8
897	897	(2) I
898	898	N ANY ACTION TO ENFORCE THIS ARTICLE 12.5 IN WHICH AN9
899	899	EMPLOYER ARGUES THAT A PERSON ASSERTING STATUS AS AN EMPLOYEE10
900	900	IS IN FACT AN INDEPENDENT CONTRACTOR , THERE IS A REBUTTABLE11
901	901	PRESUMPTION THAT THE PERSON IS AN EMPLOYEE .12
902	902	8-12.5-114. Enforcement by division - complaints - rules - fines13
903	903	- penalties. (1) W
904	904	ITHIN THREE YEARS AFTER AN ALLEGED VIOLATION OF14
905	905	THIS ARTICLE 12.5, A WHISTLEBLOWER OR AN AGGRIEVED INDIVIDUAL15
906	906	MAY FILE A COMPLAINT WITH THE DIVISION AGAINST AN EMPLOYER AS16
907	907	FOLLOWS:17
908	908	(a) U
909	909	NTIL SUCH DATE THAT THE DIVISION MAKES A COMPLAINT18
910	910	FORM PUBLICLY AVAILABLE , A WHISTLEBLOWER OR AN AGGRIEVED19
911	911	INDIVIDUAL MAY FILE A COMPLAINT WITH THE DIVISION IN ANY FORM BY20
912	912	MAIL OR E-MAIL. THE DIVISION MAY REQUIRE THE WHISTLEBLOWER OR21
913	913	AGGRIEVED INDIVIDUAL TO COMPLETE THE DIVISION 'S COMPLAINT FORM22
914	914	AFTER IT IS AVAILABLE, IN WHICH CASE THE FILING DATE REMAINS THE23
915	915	DATE OF THE CLAIMANT'S ORIGINAL FILING.24
916	916	(b) A
917	917	FTER THE DIVISION MAKES A COMPLAINT FORM PUBLICLY25
918	918	AVAILABLE, A WHISTLEBLOWER OR AN AGGRIEVED INDIVI DUAL SHALL USE26
919	919	THE DIVISION'S COMPLAINT FORM TO FILE A COMPLAINT .27
920	920	HB23-1118
921	921	-26- (2) IN RESPONSE TO A COMPLAINT FILED BY A WHISTLEBLOWER OR1
922	922	AN AGGRIEVED INDIVIDUAL, THE DIVISION SHALL EITHER:2
923	923	(a) I
924	924	NVESTIGATE THE ALLEGED VIOLATION PURSUANT TO SECTION3
925	925	8-12.5-112
926	926	(3); OR4
927	927	(b) A
928	928	UTHORIZE THE WHISTLEBLOWER OR AGGRIEVED INDIVIDUAL5
929	929	TO PROCEED WITH A CIVIL ACTION IN DISTRICT COURT AS PROVIDED IN6
930	930	SECTION 8-12.5-115 OR 8-12.5-116, AS APPLICABLE.7
931	931	(3) I
932	932	F, AFTER AN INVESTIGATION OF AN ALLEGED VIOLATION OF8
933	933	THIS ARTICLE 12.5, THE DIVISION DETERMINES THAT A VIOLATION HAS9
934	934	OCCURRED, THE DIVISION, IN ADDITION TO ANY OTHER REMEDY PROVIDED10
935	935	IN THIS TITLE 8, MAY AWARD REASONABLE ATTORNEY FEES AND ANY11
936	936	REMEDY AVAILABLE PURSUANT TO SECTION 8-12.5-115, IMPOSE FINES OR12
937	937	PENALTIES PURSUANT TO THE DIVISION'S AUTHORITY UNDER THIS TITLE 8,13
938	938	AND IMPOSE STATUTORY DAMAGES PURSUANT TO SECTION 8-12.5-115.14
939	939	(4) I
940	940	F A PERSON AGGRIEVED BY A VIOLATION OF THIS ARTICLE 12.515
941	941	FILES A CIVIL ACTION IN DISTRICT COURT TO ENFORCE A DETERMINATION16
942	942	MADE UNDER THIS SECTION, THE COURT SHALL WAIVE ANY FILING FEE17
943	943	REQUIRED UNDER ARTICLE 32 OF TITLE 13.18
944	944	(5) I
945	945	F THE DIVISION DETERMINES THAT THE RIGHTS OF MULTIPLE19
946	946	EMPLOYEES HAVE BEEN VIOLATED , EACH VIOLATION FOR EACH EMPLOYEE20
947	947	IS A SEPARATE VIOLATION FOR PURPOSES OF FINES, PENALTIES, AND OTHER21
948	948	REMEDIES.22
949	949	(6) T
950	950	HE DIVISION MAY BRING A CIVIL ACTION IN THE DISTRICT23
951	951	COURT TO ENFORCE THIS ARTICLE 12.5 TO:24
952	952	(a) R
953	953	ECOVER RELIEF FOR AN AGGRIEVED EMPLOYEE ; OR25
954	954	(b) R
955	955	ECOVER PENALTIES FOR THE STATE:26
956	956	(I) E
957	957	QUAL TO THE AMOUNTS SPECIFIED IN SECTION 8-12.5-11527
958	958	HB23-1118
959	959	-27- (2)(b); OR1
960	960	(II) I
961	961	N THE CASE OF A VIOLATION OF SECTION 8-12.5-110, IN AN2
962	962	AMOUNT OF TEN THOUSAND DOLLARS PER VIOLATION .3
963	963	(7) D
964	964	ETERMINATIONS MADE BY THE DIVISION UNDER THIS SECTION4
965	965	MAY BE:5
966	966	(a) A
967	967	PPEALED PURSUANT TO SECTION 8-4-111.5 AND RULES6
968	968	PROMULGATED BY THE DIRECTOR REGARDING APPEALS AND7
969	969	ENFORCEMENT OF THE PROTECTIONS DESCRIBED IN THIS ARTICLE 12.5;8
970	970	AND9
971	971	(b) E
972	972	NFORCED BY THE DIVISION IN ACCORDANCE WITH SECTION10
973	973	8-4-113.11
974	974	8-12.5-115. Civil actions - damages - available relief. (1) T
975	975	HE12
976	976	PAYMENTS OWED TO COVERED EMPLOYEES PURSUANT TO SECTIONS13
977	977	8-12.5-104,
978	978	8-12.5-105, 8-12.5-106, AND 8-12.5-107 ARE WAGES14
979	979	RECOVERABLE UNDER ARTICLES 4 AND 6 OF THIS TITLE 8 AND RULES15
980	980	PROMULGATED PURSUANT TO SUCH ARTICLES 4 AND 6. AN AGGRIEVED16
981	981	PERSON MAY ALSO BRING A CIVIL ACTION IN DISTRICT COURT TO RECOVER17
982	982	STATUTORY DAMAGES AND OTHER RELIEF PURSUANT TO SUBSECTION (2)18
983	983	OF THIS SECTION.19
984	984	(2) I
985	985	N A CIVIL ACTION BROUGHT BY AN AGGRIEVED PERSON IN20
986	986	DISTRICT COURT ALLEGING A VIOLATION OF THIS ARTICLE 12.5, THE COURT21
987	987	MAY ORDER SUCH RELIEF AS THE COURT DEEMS APPROPRIATE , INCLUDING:22
988	988	(a) A
989	989	N ORDER DIRECTING COMPLIANCE WITH THE REQUIREMENTS23
990	990	OF THIS ARTICLE 12.5 OR WITH RULES PROMULGATED PURSUANT TO THIS24
991	991	ARTICLE 12.5; AND25
992	992	(b) F
993	993	OR EACH VIOLATION OF THE FOLLOWING SECTIONS OF THIS26
994	994	ARTICLE 12.5, AN ORDER DIRECTING COMPLIANCE WITH THE APPROPRIATE27
995	995	HB23-1118
996	996	-28- SECTION ON AN EMPLOYER -WIDE BASIS WHERE APPROPRIATE AND1
997	997	STATUTORY DAMAGES ON A PER-COVERED-EMPLOYEE AND PER-INSTANCE2
998	998	BASIS FOR EACH VIOLATION, PAYABLE TO THE COVERED EMPLOYEE EACH3
999	999	CALENDAR DAY AS FOLLOWS :4
1000	1000	(I) F
1001	1001	OR A VIOLATION OF SECTION 8-12.5-102, TWO HUNDRED5
1002	1002	DOLLARS;6
1003	1003	(II) F
1004	1004	OR A VIOLATION OF SECTION 8-12.5-103, TWO HUNDRED7
1005	1005	DOLLARS;8
1006	1006	(III) F
1007	1007	OR A VIOLATION OF SECTION 8-12.5-104, THREE HUNDRED9
1008	1008	DOLLARS;10
1009	1009	(IV) F
1010	1010	OR A VIOLATION OF SECTION 8-12.5-105, FIVE HUNDRED11
1011	1011	DOLLARS;12
1012	1012	(V) F
1013	1013	OR A VIOLATION OF SECTION 8-12.5-106, FIVE HUNDRED13
1014	1014	DOLLARS;14
1015	1015	(VI) F
1016	1016	OR A VIOLATION OF SECTION 8-12.5-107, THREE HUNDRED15
1017	1017	DOLLARS; AND16
1018	1018	(VII) F
1019	1019	OR A VIOLATION OF SECTION 8-12.5-108, FIVE HUNDRED17
1020	1020	DOLLARS.18
1021	1021	(3) I
1022	1022	F THE COURT DETERMINES THAT AN EMPLOYER VIOLATED19
1023	1023	SECTION 8-12.5-110, RELIEF MAY INCLUDE:20
1024	1024	(a) R
1025	1025	EINSTATEMENT OR REHIRING OF THE EMPLOYEE , WITH OR21
1026	1026	WITHOUT BACK PAY;22
1027	1027	(b) T
1028	1028	HE GREATER OF EITHER TEN THOUSAND DOLLARS OR ANY23
1029	1029	LOST PAY RESULTING FROM THE VIOLATION , INCLUDING BACK PAY FOR A24
1030	1030	REINSTATED OR REHIRED EMPLOYEE AND FRONT PAY FOR AN EMPLOYEE25
1031	1031	WHO IS NOT REINSTATED OR REHIRED; AND26
1032	1032	(c) A
1033	1033	NY OTHER EQUITABLE RELIEF THE COURT DEEMS27
1034	1034	HB23-1118
1035	1035	-29- APPROPRIATE.1
1036	1036	(4) A
1037	1037	N EMPLOYEE MAY RECOVER PUNITIVE DAMAGES FROM AN2
1038	1038	EMPLOYER IF THE EMPLOYEE DEMONSTRATES BY CLEAR AND CONVINCING3
1039	1039	EVIDENCE THAT THE EMPLOYER VIOLATED ANY PROVISION OF THIS4
1040	1040	ARTICLE 12.5 WITH MALICE OR RECKLESS INDIFFERENCE TO THE RIGHTS OF5
1041	1041	THE EMPLOYEE. HOWEVER, IF THE EMPLOYER DEMONSTRATES GOOD-FAITH6
1042	1042	EFFORTS TO COMPLY WITH THIS ARTICLE 12.5, THE COURT SHALL NOT7
1043	1043	AWARD PUNITIVE DAMAGES PURSUANT TO THIS SUBSECTION (4).8
1044	1044	(5) I
1045	1045	F AN EMPLOYEE IN A CIVIL ACTION FILED IN DISTRICT COURT9
1046	1046	UNDER THIS ARTICLE 12.5 SEEKS COMPENSATORY OR PUNITIVE DAMAGES10
1047	1047	PURSUANT TO THIS SECTION, A PARTY TO THE CIVIL ACTION MAY DEMAND11
1048	1048	A TRIAL BY JURY.12
1049	1049	(6) T
1050	1050	HE COURT SHALL AWARD REASONABLE ATTORNEY FEES AND13
1051	1051	COSTS TO AN EMPLOYEE WHO PREVAILS IN AN ACTION BROUGHT PURSUANT14
1052	1052	TO THIS SECTION.15
1053	1053	8-12.5-116. Whistleblower enforcement - notice - proceeds of16
1054	1054	judgment. (1) (a) A
1055	1055	WHISTLEBLOWER, ON BEHALF OF THE STATE, MAY17
1056	1056	BRING A CIVIL ACTION IN DISTRICT COURT AGAINST A COVERED EMPLOYER18
1057	1057	FOR A VIOLATION OF THIS ARTICLE 12.5 TO SEEK EQUITABLE REMEDIES OR19
1058	1058	PENALTIES EQUIVALENT TO THE STATUTORY DAMAGES DESCRIBED IN20
1059	1059	SECTION 8-12.5-115. THE STATE MAY INTERVENE TO PROSECUTE THE21
1060	1060	ACTION IN ITS OWN NAME AT ANY TIME UNTIL THIRTY DAYS AFTER THE22
1061	1061	FILING OF THE ACTION AND MAY INTERVENE AFTER THIRTY DAYS WITH THE23
1062	1062	PERMISSION OF THE COURT.24
1063	1063	(b) N
1064	1064	OT LESS THAN THIRTY DAYS BEFORE THE ACTION IS FILED ,25
1065	1065	THE WHISTLEBLOWER SHALL GIVE WRITTEN NOTICE TO THE DIVISION OF26
1066	1066	THE SPECIFIC PROVISIONS OF THIS ARTICLE 12.5 THAT THE27
1067	1067	HB23-1118
1068	1068	-30- WHISTLEBLOWER ALLEGES THAT A COVERED EMPLOYER VIOLATED . THE1
1069	1069	DIVISION MAY PROSECUTE THE ACTION IN ITS OWN NAME OR ALLOW THE2
1070	1070	WHISTLEBLOWER TO PROCEED ON BEHALF OF THE STATE .3
1071	1071	(2) T
1072	1072	HE PROCEEDS OF ANY JUDGMENT ENTERED IN FAVOR OF A4
1073	1073	WHISTLEBLOWER PURSUANT TO THIS SECTION SHALL BE DISTRIBUTED AS5
1074	1074	FOLLOWS:6
1075	1075	(a) S
1076	1076	EVENTY-FIVE PERCENT TO THE DIVISION FOR ENFORCEMENT7
1077	1077	OF THIS ARTICLE 12.5; AND8
1078	1078	(b) T
1079	1079	WENTY-FIVE PERCENT TO THE FIRST WHISTLEBLOWER WHO9
1080	1080	FILED THE ACTION.10
1081	1081	(3) I
1082	1082	N ADDITION TO THE AMOUNT DESCRIBED IN SUBSECTION (2) OF11
1083	1083	THIS SECTION, THE COURT SHALL AWARD REASONABLE ATTORNEY FEES TO12
1084	1084	A WHISTLEBLOWER WHO PREVAILS IN AN ACTION BROUGHT PURSUANT TO13
1085	1085	SUBSECTION (1)(a) OF THIS SECTION.14
1086	1086	(4) T
1087	1087	HE RIGHT TO BRING AN ACTION UNDER THIS SECTION IS NOT15
1088	1088	IMPAIRED BY ANY PRIVATE CONTRACT .16
1089	1089	(5) A
1090	1090	N ACTION UNDER THIS SECTION SHALL BE TRIED PROMPTLY17
1091	1091	AND WITHOUT REGARD TO CONCURRENT ADJUDICATION OF PRIVATE18
1092	1092	CLAIMS.19
1093	1093	8-12.5-117. Collective bargaining. (1) N
1094	1094	OTHING IN THIS ARTICLE20
1095	1095	12.5
1096	1096	AFFECTS THE VALIDITY OR CHANGES THE TERMS OF A BONA FIDE21
1097	1097	COLLECTIVE BARGAINING AGREEMENT IN FORCE ON THE EFFECTIVE DATE22
1098	1098	OF THIS ARTICLE 12.5.23
1099	1099	(2) N
1100	1100	OTWITHSTANDING ANY PROVISION OF THIS ARTICLE 12.5 TO24
1101	1101	THE CONTRARY, ANY OR ALL OF THE PROVISIONS OF THIS ARTICLE 12.525
1102	1102	MAY BE WAIVED IN A BONA FIDE COLLECTIVE BARGAINING AGREEMENT IF26
1103	1103	THE WAIVER IS EXPLICITLY SET FORTH IN THE AGREEMENT IN CLEAR AND27
1104	1104	HB23-1118
1105	1105	-31- UNMISTAKABLE TERMS.1
1106	1106	8-12.5-118. Applicability. (1) N
1107	1107	OTHING IN THIS ARTICLE 12.52
1108	1108	DIMINISHES:3
1109	1109	(a) T
1110	1110	HE OBLIGATION OF AN EMPLOYER TO COMPLY WITH ANY4
1111	1111	CONTRACT, COLLECTIVE BARGAINING AGREEMENT , EMPLOYMENT BENEFIT5
1112	1112	PLAN, OR OTHER AGREEMENT PROVIDING EMPLOYEES WITH A POLICY THAT6
1113	1113	PROVIDES GREATER EMPLOYEE PROTECTIONS THAN ARE REQUIRED BY THIS7
1114	1114	ARTICLE 12.5; OR8
1115	1115	(b) T
1116	1116	HE RIGHTS, PRIVILEGES, OR REMEDIES OF AN EMPLOYEE9
1117	1117	UNDER A COLLECTIVE BARGAINING OR PARTNERSHIP AGREEMENT ,10
1118	1118	EMPLOYER POLICY, OR EMPLOYMENT CONTRACT .11
1119	1119	(2) E
1120	1120	XCEPT AS DESCRIBED IN SECTIONS 8-12.5-107 (2) AND12
1121	1121	8-12.5-117,
1122	1122	ANY AGREEMENT BY AN EMPLOYEE TO WAIVE THE13
1123	1123	EMPLOYEE'S RIGHTS UNDER THIS ARTICLE 12.5 IS VOID AS AGAINST PUBLIC14
1124	1124	POLICY.15
1125	1125	8-12.5-119. No avoidance of application. (1) I
1126	1126	T IS UNLAWFUL16
1127	1127	FOR AN EMPLOYER TO TAKE ANY ACTION TO AVOID THE APPLICABILITY OF17
1128	1128	THIS ARTICLE 12.5, INCLUDING:18
1129	1129	(a) C
1130	1130	HANGING A REGULAR RATE OF PAY FOR ANY EMPLOYEE ;19
1131	1131	(b) I
1132	1132	NTERFERING WITH, RESTRAINING, DENYING, OR CHANGING20
1133	1133	SCHEDULED WORKDAYS OR HOURS FOR ANY EMPLOYEE ; OR21
1134	1134	(c) H
1135	1135	IRING, REHIRING, TERMINATING, OR SUSPENDING, EVEN22
1136	1136	TEMPORARILY, AN EMPLOYEE.23
1137	1137	8-12.5-120. Rules. T
1138	1138	HE DIRECTOR SHALL PROMULGATE RULES AS24
1139	1139	REQUIRED BY THIS ARTICLE 12.5 AND SUCH ADDITIONAL RULES AS ARE25
1140	1140	NECESSARY TO IMPLEMENT THIS ARTICLE 12.5.26
1141	1141	8-12.5-121. Severability. I
1142	1142	F ANY PROVISION OR APPLICATION OF27
1143	1143	HB23-1118
1144	1144	-32- THIS ARTICLE 12.5 TO ANY PERSON OR CIRCUMSTANCE IS JUDGED INVALID ,1
1145	1145	THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS2
1146	1146	OF THIS ARTICLE 12.5 THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID3
1147	1147	PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF THIS4
1148	1148	ARTICLE 12.5 ARE DECLARED SEVERABLE.5
1149	1149	SECTION 2. Act subject to petition - effective date -6
1150	1150	applicability. (1) This act takes effect January 1, 2024; except that, if a7
1151	1151	referendum petition is filed pursuant to section 1 (3) of article V of the8
1152	1152	state constitution against this act or an item, section, or part of this act9
1153	1153	within the ninety-day period after final adjournment of the general10
1154	1154	assembly, then the act, item, section, or part will not take effect unless11
1155	1155	approved by the people at the general election to be held in November12
1156	1156	2024 and, in such case, will take effect on the date of the official13
1157	1157	declaration of the vote thereon by the governor.14
1158	1158	(2) This act applies to conduct occurring on or after the applicable15
1159	1159	effective date of this act.16
1160	1160	HB23-1118
1161	1161	-33-