First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0182.01 Kristen Forrestal x4217
HOUSE BILL 23-1118
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
C
ONCERNING FAIR WORKWEEK EMPLOYMENT STANDARDS .101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
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
HOUSE SPONSORSHIP
Sirota and Gonzales-Gutierrez, Duran, Epps, Jodeh, Kipp, Lindsay, Mabrey, Vigil,
Woodrow
SENATE SPONSORSHIP
Gonzales and Winter F., Danielson
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. 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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 12.5 to2
title 8 as follows:3
ARTICLE 12.54
Fair Workweek Employment Standards5
8-12.5-101. Definitions - rules. A
S USED IN THIS ARTICLE 12.5,6
UNLESS THE CONTEXT OTHERWISE REQUIRES :7
(1) "A
DVERSE ACTION" MEANS:8
HB23-1118-2- (a) ANY DISCIPLINE, DISCHARGE, SUSPENSION, INTIMIDATION,1
HARASSMENT, OR THREAT, INCLUDING A THREAT TO REPORT AN2
EMPLOYEE'S SUSPECTED CITIZENSHIP OR IMMIGRATION STATUS , OR THE3
SUSPECTED CITIZENSHIP OR IMMIGRATION STATUS OF AN EMPLOYEE 'S4
FAMILY MEMBER, TO A FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCY ;5
(b) A
NY SANCTIONS AGAINST AN EMPLOYEE WHO IS THE RECIPIENT6
OF PUBLIC BENEFITS FOR RIGHTS GUARANTEED UNDER THIS TITLE 8;7
(c) I
NTERFERING WITH AN EMPLOYEE OR PUNISHING AN EMPLOYEE8
FOR PARTICIPATING IN OR PROVIDING ASSISTANCE TO ANY INVESTIGATIVE9
PROCEEDING OR HEARING CONDUCTED PURSUANT TO THIS ARTICLE 12.5;10
(d) D
EMOTING OR ASSIGNING A COVERED EMPLOYEE TO A LESSER11
POSITION IN TERMS OF JOB CLASSIFICATION , JOB SECURITY, OR OTHER12
CONDITIONS OF EMPLOYMENT ; OR13
(e) R
EDUCING A COVERED EMPLOYEE 'S WORK HOURS OR DENYING14
A COVERED EMPLOYEE ADDITIONAL WORK HOURS .15
(2) "A
NTICIPATED WORK PLAN" MEANS A WRITTEN STATEMENT16
DESCRIBING WHEN A COVERED EMPLOYEE CAN EXPECT TO WORK THAT IS17
ESTABLISHED BY A COVERED EMPLOYER AND PROVIDED TO A COVERED18
EMPLOYEE PURSUANT TO SECTION 8-12.5-102 (2).19
(3) "A
T THE TIME OF HIRE" MEANS AFTER AN OFFER AND20
ACCEPTANCE OF EMPLOYMENT AND BEFORE OR UPON THE21
COMMENCEMENT OF EMPLOYMENT .22
(4) "B
ONA FIDE BUSINESS REASON" MEANS:23
(a) A
N ACTION THAT AN EMPLOYER IS REQUIRED TO TAKE IN ORDER24
TO COMPLY WITH A COLLECTIVE BARGAINING AGREEMENT OR A LAW ,25
STATUTE, ORDINANCE, CODE, GOVERNMENTAL EXECUTIVE ORDER , OR26
RULE;27
HB23-1118
-3- (b) A SIGNIFICANT AND QUANTIFIABLE BURDEN OF ADDITIONAL1
COSTS TO AN EMPLOYER;2
(c) A
SIGNIFICANT AND QUANTIFIABLE INSUFFICIENCY OF3
AVAILABLE WORK DURING A PERIOD THAT AN EMPLOYEE PROPOSES TO4
WORK; OR5
(d) A
SIGNIFICANT AND QUANTIFIABLE DETRIMENTAL EFFECT ON6
AN EMPLOYER'S ABILITY TO MEET ORGANIZATIONAL DEMANDS , INCLUDING7
A SIGNIFICANT AND QUANTIFIABLE:8
(I) I
NABILITY OF AN EMPLOYER, DESPITE ITS BEST EFFORTS, TO9
REORGANIZE WORK AMONG EXISTING EMPLOYEES ;10
(II) D
ETRIMENTAL EFFECT ON AN EMPLOYER 'S BUSINESS11
PERFORMANCE; OR12
(III) I
NABILITY OF AN EMPLOYER TO MEET CUSTOMER NEEDS OR13
DEMANDS.14
(5) "C
HAIN" MEANS A SET OF TWO OR MORE FOOD OR BEVERAGE15
ESTABLISHMENTS , FOOD OR BEVERAGE MANUFACTURING16
ESTABLISHMENTS, OR RETAIL ESTABLISHMENTS THAT DO BUSINESS UNDER17
THE SAME TRADE NAME OR SHARE A BRAND AND ARE CHARACTERIZED BY18
STANDARDIZED OPTIONS FOR DECOR, MARKETING, PACKAGING, PRODUCTS,19
AND SERVICES, REGARDLESS OF THE TYPE OF OWNERSHIP OF EACH20
ESTABLISHMENT.21
(6) "C
LIENT EMPLOYER" MEANS ANY PERSON FOR WHICH AN22
EMPLOYER PROCURES OR PROVIDES EMPLOYEES .23
(7) "C
OVERED EMPLOYEE" MEANS AN EMPLOYEE OF A COVERED24
EMPLOYER WHO IS NOT EXEMPT FROM OVERTIME AND MINIMUM PAY25
STANDARDS ADOPTED PURSUANT TO RULES PROMULGATED BY THE26
DIVISION BECAUSE THE EMPLOYEE IS EMPLOYED IN A BONA FIDE27
HB23-1118
-4- EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY.1
(8) (a) "C
OVERED EMPLOYER" MEANS AN EMPLOYER THAT :2
(I) I
S PRIMARILY ENGAGED AS A FOOD OR BEVERAGE3
ESTABLISHMENT, FOOD OR BEVERAGE MANUFACTURING ESTABLISHMENT ,4
OR RETAIL ESTABLISHMENT THAT EMPLOYS TWO HUNDRED FIFTY OR MORE5
EMPLOYEES WORLDWIDE , REGARDLESS OF WHERE THE EMPLOYEES6
PERFORM WORK;7
(II) P
ROVIDES LABOR THAT IS INTEGRAL TO THE BUSINESS OF AN8
ESTABLISHMENT DESCRIBED IN SUBSECTION (8)(a)(I) OF THIS SECTION;9
(III) P
ROVIDES LABOR AS A JANITORIAL OR SECURITY CONTRACTOR10
FOR AN ESTABLISHMENT DESCRIBED IN SUBSECTION (8)(a)(I) OF THIS11
SECTION; OR12
(IV) I
S A FOOD OR BEVERAGE ESTABLISHMENT , FOOD OR13
BEVERAGE MANUFACTURING ESTABLISHMENT , OR RETAIL ESTABLISHMENT14
THAT IS A FRANCHISE OR AN ESTABLISHMENT OF A CHAIN OR SHARES A15
BRAND WITH ONE OR MORE OTHER SUCH ESTABLISHMENTS AND , COMBINED16
WITH SUCH OTHER ESTABLISHMENTS , EMPLOYS TWO HUNDRED FIFTY OR17
MORE EMPLOYEES WORLDWIDE , REGARDLESS OF WHERE THE EMPLOYEES18
PERFORM WORK.19
(b) F
OR THE PURPOSE OF DETERMINING THE TOTAL NUMBER OF A20
COVERED EMPLOYER'S COVERED EMPLOYEES PURSUANT TO SUBSECTION21
(8)(a)(I)
OR (8)(a)(IV) OF THIS SECTION, AN EMPLOYER MUST EMPLOY AT22
LEAST TWO HUNDRED FIFTY EMPLOYEES FOR EACH WORK DAY DURING23
EACH OF TWENTY OR MORE CALENDAR WORKWEEKS IN THE CURRENT OR24
PRECEDING CALENDAR YEAR , INCLUDING:25
(I) A
LL EMPLOYEES PERFORMING WORK FOR COMPENSATION ON A26
FULL-TIME, PART-TIME, OR TEMPORARY BASIS;27
HB23-1118
-5- (II) EMPLOYEES ON PAID OR UNPAID LEAVE , INCLUDING1
EMPLOYEES ON SICK OR MEDICAL LEAVE , LEAVES OF ABSENCE, AND2
DISCIPLINARY LEAVES, SO LONG AS THE COVERED EMPLOYER HAS A3
REASONABLE EXPECTATION THAT SUCH EMPLOYEES WILL RETURN TO4
WORK; AND5
(III) E
MPLOYEES WHOSE NAMES APPEAR ON A COVERED6
EMPLOYER'S PAYROLL DURING A WORKWEEK , REGARDLESS OF WHETHER7
THE EMPLOYEE RECEIVES ANY COMPENSATION FOR THAT WORKWEEK .8
(c) "C
OVERED EMPLOYER" INCLUDES, IN THE CASE OF A CLIENT9
EMPLOYER AND A CONTRACTOR PROVIDING JANITORIAL OR SECURITY10
WORKERS OR OTHER LABOR THAT IS INTEGRAL TO THE BUSINESS OF THE11
CLIENT EMPLOYER, BOTH THE CLIENT EMPLOYER AND THE CONTRACTOR .12
(9) "D
EPARTMENT" MEANS THE DEPARTMENT OF LABOR AND13
EMPLOYMENT CREATED IN SECTION 24-1-121.14
(10) "D
IRECTOR" MEANS THE DIRECTOR OF THE DIVISION.15
(11) "D
IVISION" MEANS THE DIVISION OF LABOR STANDARDS AND16
STATISTICS CREATED IN SECTION 8-1-103 IN THE DEPARTMENT.17
(12) "E
MPLOYEE" HAS THE MEANING SET FORTH IN SECTION18
8-4-101
(5).19
(13) "E
MPLOYER" HAS THE MEANING SET FORTH IN SECTION20
8-4-101
(6).21
(14) "F
OOD OR BEVERAGE ESTABLISHMENT " MEANS A FOOD22
SERVICE CONTRACTOR; CATERER; MOBILE FOOD SERVICE; ALCOHOLIC23
BEVERAGE DRINKING PLACE ; FULL-SERVICE RESTAURANT ;24
LIMITED-SERVICE RESTAURANT, GRILL, OR BUFFET; OR SNACK AND25
NONALCOHOLIC BEVERAGE BAR , AS DESCRIBED IN THE 2022 NORTH26
A
MERICAN INDUSTRY CLASSIFICATION SYSTEM ACCOMMODATION AND27
HB23-1118
-6- FOOD SERVICES SECTOR 722, OR OTHER CLASSIFICATION OR SUBSEQUENT1
EDITION OF THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM2
PURSUANT TO RULES PROMULGATED BY THE DIVISION . FOOD AND3
BEVERAGE SERVICES AT HOTELS AND MOTELS , AMUSEMENT PARKS ,4
THEATERS, CASINOS, COUNTRY CLUBS, SIMILAR RECREATIONAL FACILITIES,5
SCHOOLS AND INSTITUTIONS OF HIGHER EDUCATION , AND CIVIC AND6
SOCIAL ORGANIZATIONS ARE INCLUDED ONLY IF THESE SERVICES ARE7
PROVIDED BY A SEPARATE ESTABLISHMENT PRIMARILY ENGAGED IN8
PROVIDING FOOD AND BEVERAGE SERVICES .9
(15) "F
OOD OR BEVERAGE MANUFACTURING ESTABLISHMENT "10
MEANS AN ESTABLISHMENT WHERE FOOD OR ALCOHOLIC OR11
NONALCOHOLIC BEVERAGES ARE PREPARED , PACKAGED, PROCESSED, OR12
MANUFACTURED, AS DESCRIBED IN THE 2022 NORTH AMERICAN INDUSTRY13
CLASSIFICATION SYSTEM SUBSECTORS 3111 TO 3119 AND SUBSECTOR14
3121,
OR OTHER CLASSIFICATION OR SUBSEQUENT EDITION OF THE NORTH15
A
MERICAN CLASSIFICATION SYSTEM PURSUANT TO RULES PROMULGATED16
BY THE DIVISION . "FOOD OR BEVERAGE M ANUFACTURING17
ESTABLISHMENT" DOES NOT INCLUDE AN ESTABLISHMENT THAT PRIMARILY18
ENGAGES IN THE SERVICES PROVIDED BY AN AGRICULTURAL EMPLOYER AS19
DEFINED IN SECTION 8-3-104.20
(16) "I
NITIAL WORK SCHEDULE " MEANS A WRITTEN WORK21
SCHEDULE DESCRIBING ALL OF A COVERED EMPLOYEE 'S SHIFTS, INCLUDING22
SPECIFIC START AND END TIMES AND LOCATIONS FOR EACH SHIFT , DURING23
THE FIRST PERIOD OF FOURTEEN CONSECUTIVE DAYS AFTER THE COVERED24
EMPLOYEE COMMENCES EMPLOYMENT .25
(17) "L
OCATION" MEANS A GEOGRAPHIC LOCATION OR PLACE ON26
THE PLANET.27
HB23-1118
-7- (18) "ON-CALL SHIFT" MEANS ANY TIME THAT AN EMPLOYER1
REQUIRES AN EMPLOYEE TO BE AVAILABLE TO WORK OR TO CONTACT THE2
EMPLOYER OR ITS DESIGNEE , OR TO WAIT TO BE CONTACTED BY THE3
EMPLOYER OR ITS DESIGNEE, TO DETERMINE WHETHER THE EMPLOYEE4
MUST REPORT TO WORK.5
(19) "P
OSTED WORK SCHEDULE " MEANS A WRITTEN WORK6
SCHEDULE THAT A COVERED EMPLOYER MUST PROVIDE TO COVERED7
EMPLOYEES AND POST PURSUANT TO SECTION 8-12.5-103.8
(20) "P
REDICTABILITY PAY" MEANS PAY THAT IS PROVIDED TO A9
COVERED EMPLOYEE PURSUANT TO SECTION 8-12.5-104.10
(21) "R
EGULAR RATE OF PAY" MEANS THE HOURLY RATE OF PAY11
ACTUALLY PAID TO AN EMPLOYEE . THE DIRECTOR SHALL PROMULGATE12
RULES ESTABLISHING THE MEANING OF "REGULAR RATE OF PAY" FOR AN13
EMPLOYEE WHOSE PAY IS BASED ON A PIECE-RATE, SALARY, COMMISSION,14
OR OTHER NON-HOURLY-BASIS.15
(22) "R
EST SHORTFALL PAY" MEANS PAY THAT IS PROVIDED TO A16
COVERED EMPLOYEE PURSUANT TO SECTION 8-12.5-105 (3).17
(23) "R
ETAIL ESTABLISHMENT" MEANS A RETAIL TRADE18
ESTABLISHMENT:19
(a) A
S DESCRIBED IN THE 2022 NORTH AMERICAN INDUSTRY20
CLASSIFICATION SYSTEM RETAIL TRADE SECTOR 44-45, INCLUDING21
SUBSECTORS 4411 TO 4599, OR OTHER CLASSIFICATION OR SUBSEQUENT22
EDITION OF THE SAME CLASSIFICATION SYSTEM PURSUANT TO RULES23
PROMULGATED BY THE DIVISION ; AND24
(b) W
ITH ONE OR MORE STORES IN THE STATE.25
(24) "R
ETENTION PAY" MEANS PAY THAT IS PROVIDED TO A26
COVERED EMPLOYEE PURSUANT TO SECTION 8-12.5-106 (4).27
HB23-1118
-8- (25) "SERIOUS HEALTH CONDITION" HAS THE MEANING SET FORTH1
IN SECTION 8-13.3-503 (19).2
(26) "S
HIFT" MEANS A SET OF CONSECUTIVE HOURS THAT AN3
EMPLOYER REQUIRES AN EMPLOYEE TO WORK OR TO BE ON CALL TO WORK ;4
EXCEPT THAT BREAKS TOTALING TWO HOURS OR LESS DURING A SINGLE5
SHIFT ARE NOT CONSIDERED AN INTERRUPTION OF CONSECUTIVE HOURS .6
(27) "S
TORE" MEANS A FIXED, POINT-OF-SALE LOCATION, LOCATED7
AND DESIGNATED TO ATTRACT A HIGH VOLUME OF WALK -IN CUSTOMERS.8
(28) "W
HISTLEBLOWER" MEANS A PERSON WITH KNOWLEDGE OF9
AN ALLEGED VIOLATION OF THIS ARTICLE 12.5, REGARDLESS OF WHETHER10
THE PERSON IS AGGRIEVED BY THE VIOLATION , OR A REPRESENTATIVE OF11
SUCH A PERSON.12
(29) "W
ORK SCHEDULE" MEANS ALL OF A COVERED EMPLOYEE 'S13
SHIFTS, INCLUDING SPECIFIC START AND END TIMES AND LOCATIONS FOR14
EACH SHIFT, DURING A PERIOD OF SEVEN CONSECUTIVE DAYS .15
(30) "W
ORK SCHEDULE CHANGE" MEANS ANY MODIFICATION OF A16
COVERED EMPLOYEE 'S WORK SCHEDULE INITIATED BY A COVERED17
EMPLOYER, INCLUDING ANY:18
(a) A
DDITION OR REDUCTION OF HOURS;19
(b) C
ANCELLATION OF A SHIFT OR PORTION OF A SHIFT;20
(c) C
HANGE IN THE DATE, TIME, OR LOCATION OF A SHIFT; OR21
(d) S
CHEDULING OF THE COVERED EMPLOYEE FOR AN ON -CALL22
SHIFT.23
8-12.5-102. Determination of covered employees' work24
schedules - anticipated work plans - covered employees' written25
statements - rules. (1) F
OR ALL COVERED EMPLOYEES EMPLOYED ON THE26
EFFECTIVE DATE OF THIS ARTICLE 12.5, AND AT THE TIME OF HIRE OR AS27
HB23-1118
-9- SOON AS PRACTICABLE THEREAFTER FOR ALL NEWLY COVERED1
EMPLOYEES, A COVERED EMPLOYER SHALL OBTAIN FROM EACH COVERED2
EMPLOYEE A WRITTEN STATEMENT OF THE COVERED EMPLOYEE 'S DESIRED3
NUMBER OF WEEKLY WORK HOURS AND THE DAYS AND TIMES THAT THE4
COVERED EMPLOYEE IS AVAILABLE TO WORK . IDENTIFICATION OF SHIFTS5
FEWER THAN TWELVE HOURS APART AMONG THE SHIFTS THAT THE6
COVERED EMPLOYEE IS AVAILABLE TO WORK DOES NOT ESTABLISH THE7
CONSENT REQUIRED TO WORK SUCH SHIFTS PURSUANT TO SECTION8
8-12.5-105
(2). THE COVERED EMPLOYER SHALL PROVIDE WRITTEN9
NOTIFICATION TO THE COVERED EMPLOYEE THAT THE COVERED EMPLOYEE10
MAY MODIFY THE WRITTEN STATEMENT IN WRITING AT ANY TIME .11
(2) (a) F
OR ALL COVERED EMPLOYEES EMPLOYED ON THE12
EFFECTIVE DATE OF THIS ARTICLE 12.5, AND FOR ALL OTHER COVERED13
EMPLOYEES AT THE TIME OF HIRE, A COVERED EMPLOYER SHALL PROVIDE14
EACH COVERED EMPLOYEE AN ANTICIPATED WORK PLAN . THE COVERED15
EMPLOYER SHALL REVISE THE ANTICIPATED WORK PLAN , IN ACCORDANCE16
WITH RULES PROMULGATED BY THE DIRECTOR , WHEN THERE IS A17
SIGNIFICANT CHANGE TO THE COVERED EMPLOYEE 'S WORK SCHEDULE DUE18
TO CHANGES IN THE COVERED EMPLOYEE 'S AVAILABILITY OR TO THE19
COVERED EMPLOYER'S BUSINESS NEEDS.20
(b) I
N PROMULGATING RULES PURSUANT TO SUBSECTION (2)(a) OF21
THIS SECTION, THE DIRECTOR SHALL ENSURE THAT "SIGNIFICANT CHANGE"22
INCLUDES A CHANGE RESULTING IN AN INCREASE OR DECREASE OF FIFTEEN23
PERCENT OR MORE FROM THE AVERAGE NUMBER OF WORK HOURS24
SPECIFIED IN THE COVERED EMPLOYEE 'S ANTICIPATED WORK PLAN OR A25
CHANGE IN THE LOCATION, TIME, OR DAY OF A SHIFT.26
(3) (a) I
N ESTABLISHING EACH COVERED EMPLOYEE 'S ANTICIPATED27
HB23-1118
-10- WORK PLAN, EACH COVERED EMPLOYER IS ENCOURAGED TO ENGAGE IN A1
TIMELY, GOOD-FAITH, AND INTERACTIVE PROCESS THAT INCLUDES A2
DISCUSSION BETWEEN THE COVERED EMPLOYER AND THE COVERED3
EMPLOYEE FOR THE PURPOSE OF ARRIVING AT A MUTUALLY BENEFICIAL4
ARRANGEMENT OF AN ANTICIPATED WORK PLAN THAT MEETS THE NEEDS5
OF THE COVERED EMPLOYEE AND THE COVERED EMPLOYER . THE6
DISCUSSION MAY INCLUDE THE PROPOSAL OF ALTERNATIVES BY THE7
COVERED EMPLOYER AND THE COVERED EMPLOYEE . A COVERED8
EMPLOYER MAY GRANT OR DENY A COVERED EMPLOYEE 'S REQUEST9
CONCERNING AN ANTICIPATED WORK PLAN FOR ANY REASON THAT IS NOT10
UNLAWFUL.11
(b) E
ACH COVERED EMPLOYEE 'S ANTICIPATED WORK PLAN MUST12
INCLUDE:13
(I) T
HE AVERAGE NUMBER OF WORK HOURS THE COVERED14
EMPLOYEE CAN EXPECT TO WORK EACH WEEK OVER A TYPICAL15
NINETY-DAY PERIOD;16
(II) T
HE MINIMUM AND MAXIMUM NUMBERS OF WORK HOURS THE17
COVERED EMPLOYEE CAN EXPECT TO WORK EACH WEEK ;18
(III) T
HE MINIMUM AND MAXIMUM LENGTH OF SHIFTS THAT THE19
COVERED EMPLOYEE CAN EXPECT TO WORK ;20
(IV) W
HETHER THE COVERED EMPLOYEE CAN EXPECT TO WORK21
ANY ON-CALL SHIFTS;22
(V) A
SUBSET OF DAYS AND A SUBSET OF TIMES OR SHIFTS THAT23
THE COVERED EMPLOYEE CAN TYPICALLY EXPECT TO WORK ;24
(VI) A
SUBSET OF DAYS OF THE WEEK AND TIMES OR SHIFTS WHEN25
THE COVERED EMPLOYEE WILL NOT BE SCHEDULED TO WORK ; AND26
(VII) T
HE ANTICIPATED LOCATION OR LOCATIONS OF MOST OR ALL27
HB23-1118
-11- SCHEDULED SHIFTS.1
(4) T
HE TOTAL NUMBER OF HOURS IN A COVERED EMPLOYEE 'S2
WORK SCHEDULE MUST NOT VARY BY MORE THAN FIFTEEN PERCENT FROM3
THE AVERAGE NUMBER OF WORK HOURS SPECIFIED IN THE COVERED4
EMPLOYEE'S ANTICIPATED WORK PLAN PURSUANT TO SUBSECTION (2) OF5
THIS SECTION UNLESS THE COVERED EMPLOYEE CONSENTED TO OR6
REQUESTED SUCH CHANGES IN WRITING .7
8-12.5-103. Notice of covered employees' work schedules -8
posted work schedules - notice of changes required - consent to9
additional work required. (1) A
T THE TIME OF HIRE, A COVERED10
EMPLOYER SHALL PROVIDE THE COVERED EMPLOYEE A WRITTEN INITIAL11
WORK SCHEDULE. NOT LATER THAN SEVEN DAYS AFTER THE DAY UPON12
WHICH THE COVERED EMPLOYEE COMMENCES EMPLOYMENT , AND NOT13
LATER THAN SEVEN DAYS BEFORE THE FIRST DAY OF THE NEW COVERED14
EMPLOYEE'S FIRST DAY OF WORK SCHEDULED AFTER THE INITIAL WORK15
SCHEDULE, THE COVERED EMPLOYER SHALL PROVIDE THE COVERED16
EMPLOYEE WRITTEN NOTICE OF THE COVERED EMPLOYEE 'S FIRST WORK17
SCHEDULE AND POST IT AS DESCRIBED IN SUBSECTION (2) OF THIS SECTION.18
T
HE COVERED EMPLOYER SHALL PROVIDE THE COVERED EMPLOYEE19
WRITTEN NOTICE OF ALL SUBSEQUENT WORK SCHEDULES AS DESCRIBED IN20
SUBSECTION (2) OF THIS SECTION.21
(2) A
COVERED EMPLOYER SHALL PROVIDE WRITTEN NOTICE OF22
EACH COVERED EMPLOYEE 'S WORK SCHEDULE NOT LATER THAN FOURTEEN23
DAYS BEFORE THE FIRST DAY OF ANY NEW WORK SCHEDULE . A COVERED24
EMPLOYER SHALL ALSO POST COVERED EMPLOYEES ' WORK SCHEDULES IN25
A CONSPICUOUS AND ACCESSIBLE PLACE WHERE NOTICES ARE26
CUSTOMARILY POSTED OR IN ELECTRONIC FORM AT A SITE TO WHICH27
HB23-1118
-12- COVERED EMPLOYEES IN THE WORKPLACE HAVE ACCESS . THE POSTED1
WORK SCHEDULE MUST :2
(a) I
NCLUDE EACH COVERED EMPLOYEE 'S SHIFTS AT THAT3
WORKPLACE, REGARDLESS OF WHETHER THE COVERED EMPLOYEE IS4
SCHEDULED TO WORK OR TO BE ON CALL ; AND5
(b) E
XCEPT AS PROVIDED IN SUBSECTION (1) OF THIS SECTION, BE6
POSTED NO LATER THAN FOURTEEN DAYS BEFORE THE FIRST DAY OF ANY7
NEW WORK SCHEDULE .8
(3) (a) N
OTWITHSTANDING ANY PROVISION OF THIS ARTICLE 12.59
TO THE CONTRARY, A COVERED EMPLOYEE WHO IS A VICTIM OF OR HAS A10
FAMILY MEMBER OR HOUSEHOLD MEMBER WHO IS A VICTIM OF DOMESTIC11
ABUSE, SEXUAL ASSAULT, OR HARASSMENT MAY REQUEST THAT THE12
COVERED EMPLOYER:13
(I) S
UBMIT THE COVERED EMPLOYEE 'S WORK SCHEDULE ONLY TO14
THE COVERED EMPLOYEE BY A METHOD OF DELIVERY DETERMINED BY THE15
COVERED EMPLOYEE TO ENSURE PRIVACY AND SAFETY ; AND16
(II) N
OT POST THE COVERED EMPLOYEE 'S WORK SCHEDULE OR17
TRANSMIT IT TO OTHERS.18
(b) A
N ORAL REQUEST MADE PURSUANT TO SUBSECTION (3)(a) OF19
THIS SECTION IS SUFFICIENT. A COVERED EMPLOYER SHALL COMPLY WITH20
A COVERED EMPLOYEE 'S REQUEST IMMEDIATELY UPON RECEIVING THE21
REQUEST.22
(c) A
COVERED EMPLOYER MAY REQUEST A WRITTEN STATEMENT23
FROM THE COVERED EMPLOYEE THAT STATES THAT THE COVERED24
EMPLOYEE IS A VICTIM OF OR HAS A FAMILY MEMBER OR HOUSEHOLD25
MEMBER WHO IS A VICTIM OF DOMESTIC ABUSE , SEXUAL ASSAULT, OR26
HARASSMENT. HOWEVER, A COVERED EMPLOYER SHALL NOT REQUIRE27
HB23-1118
-13- SUCH A WRITTEN STATEMENT FROM A COVERED EMPLOYEE AS A1
CONDITION OF THE COVERED EMPLOYER 'S COMPLIANCE WITH THIS2
SUBSECTION (3).3
(4) A
COVERED EMPLOYER SHALL PROVIDE A COVERED EMPLOYEE4
NOTICE OF ANY PROPOSED WORK SCHEDULE CHANGES AS PROMPTLY AS5
POSSIBLE AND BEFORE THE CHANGE TAKES EFFECT . THE COVERED6
EMPLOYER SHALL REVISE THE WRITTEN WORK SCHEDULE TO REFLECT ANY7
SUCH WORK SCHEDULE CHANGE WITHIN TWENTY -FOUR HOURS AFTER8
MAKING THE CHANGE.9
(5) A
COVERED EMPLOYEE MAY CONSENT IN WRITING TO WORK10
ANY ADDITIONAL HOURS OR ADDITIONAL SHIFTS THAT ARE NOT INCLUDED11
IN A POSTED WORK SCHEDULE . EXCEPT AS DESCRIBED IN SECTION12
8-12.5-104
(2), IF A COVERED EMPLOYEE CONSENTS TO WORK ADDITIONAL13
HOURS OR ADDITIONAL SHIFTS, THE COVERED EMPLOYER SHALL OBTAIN14
THE COVERED EMPLOYEE'S WRITTEN CONSENT.15
(6) N
OTHING IN THIS SECTION PROHIBITS A COVERED EMPLOYER16
FROM PROVIDING GREATER ADVANCE NOTICE OF A COVERED EMPLOYEE 'S17
WORK SCHEDULE OR WORK SCHEDULE CHANGES THAN WHAT IS REQUIRED18
BY THIS SECTION.19
8-12.5-104. Work schedule changes - predictability pay for20
covered employees - exemptions. (1) E
XCEPT AS SPECIFIED IN21
SUBSECTION (2) OF THIS SECTION, FOR EACH WORK SCHEDULE CHANGE22
THAT A COVERED EMPLOYER INITIATES AFTER PROVIDING THE NOTICE23
DESCRIBED IN SECTION 8-12.5-103, A COVERED EMPLOYER SHALL PAY , IN24
ADDITION TO THE COVERED EMPLOYEE 'S REGULAR RATE OF PAY FOR25
HOURS ACTUALLY WORKED BY THE COVERED EMPLOYEE , PREDICTABILITY26
PAY AT THE FOLLOWING RATES:27
HB23-1118
-14- (a) ONE HOUR OF PREDICTABILITY PAY AT THE COVERED1
EMPLOYEE'S REGULAR RATE OF PAY WHEN THE COVERED EMPLOYER ADDS2
TIME TO A SHIFT OR CHANGES THE LOCATION OF A SHIFT ; AND3
(b) T
WO HOURS OF PREDICTABILITY PAY WHEN THE COVERED4
EMPLOYER SUBTRACTS TIME FROM A SHIFT OR CHANGES THE DATE OR TIME5
OF THE SHIFT;6
(2) A
COVERED EMPLOYER IS NOT REQUIRED TO PAY7
PREDICTABILITY PAY UNDER THIS SECTION OR OBTAIN WRITTEN CONSENT8
PURSUANT TO SECTION 8-12.5-103 (5) IF:9
(a) A
COVERED EMPLOYEE REQUESTS A SHIFT CHANGE BY WRITTEN10
COMMUNICATION, INCLUDING:11
(I) V
OLUNTARY ADDITIONS OR SUBTRACTIONS OF HOURS THAT ARE12
INITIATED BY THE COVERED EMPLOYEE ; AND13
(II) T
HE USE OF SICK LEAVE, VACATION LEAVE, OR OTHER LEAVE14
POLICIES OFFERED BY THE COVERED EMPLOYER ;15
(b) A
SCHEDULE CHANGE IS THE RESULT OF A SHIFT TRADE OR16
COVERAGE ARRANGEMENT UPON WHICH TWO OR MORE COVERED17
EMPLOYEES HAVE MUTUALLY AGREED , SUBJECT TO ANY POLICY OF THE18
COVERED EMPLOYER REGARDING REQUIRED CONDITIONS UNDER WHICH19
COVERED EMPLOYEES MAY EXCHANGE SHIFTS ; OR20
(c) A
COVERED EMPLOYEE'S WORK HOURS ARE SUBTRACTED DUE21
TO TERMINATION OF THE COVERED EMPLOYEE 'S EMPLOYMENT.22
8-12.5-105. Right to rest for covered employees - consent to23
work required - rest shortfall pay. (1) A
COVERED EMPLOYEE MAY24
DECLINE, WITHOUT PENALTY, ANY WORK HOURS THAT ARE SCHEDULED OR25
OTHERWISE OCCUR:26
(a) L
ESS THAN TWELVE HOURS AFTER THE END OF THE PREVIOUS27
HB23-1118
-15- DAY'S SHIFT; OR1
(b) D
URING THE TWELVE HOURS FOLLOWING THE END OF A SHIFT2
THAT SPANNED TWO DAYS .3
(2) A
COVERED EMPLOYEE MAY CONSENT TO WORK HOURS4
DESCRIBED IN SUBSECTION (1) OF THIS SECTION; HOWEVER, THE COVERED5
EMPLOYEE MUST PROVIDE WRITTEN CONSENT TO THE COVERED EMPLOYER6
FOR EACH SUCH SHIFT OR FOR MULTIPLE SHIFTS AND MAY REVOKE THE7
CONSENT AT ANY TIME UNTIL FORTY -EIGHT HOURS BEFORE THE SHIFT8
BEGINS.9
(3) W
HEN A COVERED EMPLOYEE WORKS HOURS DESCRIBED IN10
SUBSECTION (1) OF THIS SECTION, THE COVERED EMPLOYER SHALL PAY11
THE COVERED EMPLOYEE REST SHORTFALL PAY AT A RATE OF AT LEAST12
ONE AND ONE-HALF TIMES THE COVERED EMPLOYEE 'S REGULAR RATE OF13
PAY FOR THE HOURS WORKED .14
8-12.5-106. Offer of work to existing covered employees -15
retention pay for covered employees - rules. (1) B
EFORE HIRING A NEW16
COVERED EMPLOYEE , INCLUDING ANY HIRING THROUGH A CLIENT17
EMPLOYER, CONTRACTOR, OR APPLICANT POOL, A COVERED EMPLOYER18
SHALL:19
(a) M
AKE EVERY REASONABLE EFFORT TO SCHEDULE ITS EXISTING20
COVERED EMPLOYEES FOR THEIR DESIRED NUMBER OF WEEKLY WORK21
HOURS IDENTIFIED IN THEIR WRITTEN STATEMENTS PROVIDED PURSUANT22
TO SECTION 8-12.5-102 (1), UP TO FORTY HOURS PER WEEK OR TWELVE23
HOURS PER DAY; AND24
(b) (I) O
FFER AND DISTRIBUTE WORK HOURS TO ONE OR MORE25
EXISTING COVERED EMPLOYEES AT THE LOCATION WHERE THE NEW26
COVERED EMPLOYEE'S WORK IS TO BE PERFORMED; OR27
HB23-1118
-16- (II) OFFER AND DISTRIBUTE ADDITIONAL WORK HOURS TO1
COVERED EMPLOYEES EMPLOYED AT OTHER LOCATIONS IF :2
(A) N
O EXISTING COVERED EMPLOYEE AT THE LOCATION WHERE3
A PROPOSED NEW COVERED EMPLOYEE IS TO WORK ACCEPTS THE4
ADDITIONAL WORK HOURS OFFERED BY THE COVERED EMPLOYER5
PURSUANT TO SUBSECTION (1)(b)(I) OF THIS SECTION; OR6
(B) E
XISTING COVERED EMPLOYEES AT THE LOCATION WHERE A7
PROPOSED NEW COVERED EMPLOYEE IS TO WORK WHO ACCEPT THE8
ADDITIONAL WORK HOURS LACK AND CANNOT OBTAIN WITH REASONABLE9
TRAINING THE QUALIFICATIONS NECESSARY TO PERFORM THE WORK .10
(2) (a) A
COVERED EMPLOYER MAY HIRE A NEW COVERED11
EMPLOYEE IF:12
(I) P
URSUANT TO SUBSECTION (1)(b)(I) OR (1)(b)(II) OF THIS13
SECTION, AN INSUFFICIENT NUMBER OF EXISTING COVERED EMPLOYEES AT14
A LOCATION ACCEPT ADDITIONAL WORK HOURS AND EXISTING COVERED15
EMPLOYEES AT THE LOCATION WHO ACCEPT THE ADDITIONAL WORK HOURS16
LACK AND CANNOT OBTAIN WITH REASONABLE TRAINING THE17
QUALIFICATIONS NECESSARY TO PERFORM THE WORK ; AND18
(II) T
HE REMAINING COVERED EMPLOYEES , IF ANY, LACK AND19
CANNOT OBTAIN WITH REASONABLE TRAINING THE QUALIFICATIONS20
NECESSARY TO PERFORM THE WORK .21
(b) A
COVERED EMPLOYER'S SYSTEM FOR THE DISTRIBUTION OF22
SHIFTS MUST NOT VIOLATE ANY FEDERAL , STATE, OR LOCAL LAW,23
INCLUDING LAWS THAT PROHIBIT DISCRIMINATION .24
(3) W
HEN HOURS BECOME AVAILABLE THAT MUST BE OFFERED TO25
EXISTING COVERED EMPLOYEES PURSUANT TO SUBSECTION (1)(b) OF THIS26
SECTION, A COVERED EMPLOYER SHALL POST A NOTICE AND PROVIDE27
HB23-1118
-17- WRITTEN OR ELECTRONIC NOTICE OF THE HOURS TO COVERED EMPLOYEES .1
T
HE NOTICE MUST INCLUDE INFORMATION SPECIFIED IN RULES2
PROMULGATED BY THE DIRECTOR . A COVERED EMPLOYER SHALL POST THE3
NOTICE FOR FOUR CONSECUTIVE CALENDAR DAYS IN A CONSPICUOUS AND4
ACCESSIBLE PLACE WHERE NOTICES TO COVERED EMPLOYEES ARE5
CUSTOMARILY POSTED, UNLESS A SHORTER POSTING PERIOD IS NECESSARY6
IN ORDER FOR THE WORK TO BE TIMELY PERFORMED AND AS MAY BE7
PRESCRIBED BY RULES PROMULGATED BY THE DIRECTOR .8
(4) I
F A COVERED EMPLOYER FAILS TO OFFER AN EXISTING9
COVERED EMPLOYEE AN OPPORTUNITY TO WORK THE COVERED10
EMPLOYEE'S DESIRED ADDITIONAL NUMBER OF WEEKLY WORK HOURS11
BEFORE HIRING A NEW COVERED EMPLOYEE , THE COVERED EMPLOYER12
SHALL PROVIDE THE EXISTING COVERED EMPLOYEE RETENTION PAY FOR13
A SIX-MONTH PERIOD BEGINNING ON THE NEW COVERED EMPLOYEE 'S14
DATE-OF-HIRE AT THE EXISTING COVERED EMPLOYEE 'S REGULAR RATE OF15
PAY FOR THE HOURS WORKED BY THE NEWLY HIRED COVERED EMPLOYEE16
THAT OCCUR WITHIN THE EXISTING COVERED EMPLOYEE 'S AVAILABILITY17
IDENTIFIED IN THE COVERED EMPLOYEE'S WRITTEN STATEMENT PROVIDED18
PURSUANT TO SECTION 8-12.5-102 (1).19
8-12.5-107. Minimum weekly pay adjustment - waiver.20
(1) E
XCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, A COVERED21
EMPLOYER SHALL PAY EACH COVERED EMPLOYEE MINIMUM WEEKLY PAY22
IN AN AMOUNT THAT CORRESPONDS TO FIFTEEN PERCENT OF THE AVERAGE23
WEEKLY HOURS INDICATED IN THE COVERED EMPLOYEE 'S ANTICIPATED24
WORK PLAN DESCRIBED IN SECTION 8-12.5-102, PAID AT THE COVERED25
EMPLOYEE'S REGULAR RATE OF PAY PER HOUR OF WORK OR THE MINIMUM26
WAGE, WHICHEVER IS MORE, DURING ANY SEVEN-DAY PERIOD. WAGES27
HB23-1118
-18- PAID FOR HOURS WORKED OR PAID LEAVE , INCLUDING PAID BENEFIT TIME1
DURING THE SEVEN-DAY PERIOD, MAY BE USED TO SATISFY A COVERED2
EMPLOYER'S OBLIGATION UNDER THIS SUBSECTION (1).3
(2) A
COVERED EMPLOYEE WHO , AT THE COVERED EMPLOYEE 'S4
REQUEST, DOES NOT WORK OR TAKES UNPAID LEAVE DURING A5
PARTICULAR WEEK MAY WAIVE THE REQUIREMENT OF SUBSECTION (1) OF6
THIS SECTION IF THE COVERED EMPLOYEE DESIGNATES IN WRITING THE7
SPECIFIC WEEK OR WEEKS FOR WHICH THE MINIMUM WEEKLY PAY IS8
WAIVED.9
8-12.5-108. Discrimination prohibited - permissible bases for10
differences in wages or work conditions. (1) (a) W
ITH RESPECT TO11
COVERED EMPLOYEES WHO ARE EMPLOYED IN POSITIONS THAT REQUIRE12
SUBSTANTIALLY SIMILAR SKILLS, EFFORT, RESPONSIBILITIES, AND DUTIES13
AND THAT ARE PERFORMED UNDER SIMILAR WORKING CONDITIONS , A14
COVERED EMPLOYER SHALL NOT DISCRIMINATE , RETALIATE, OR TAKE ANY15
ADVERSE ACTION AGAINST A COVERED EMPLOYEE BASED ON :16
(I) T
HE NUMBER OF HOURS THE COVERED EMPLOYEE IS SCHEDULED17
TO WORK OR ACTUALLY WORKS ;18
(II) T
HE COVERED EMPLOYEE 'S EXPECTED DURATION OF19
EMPLOYMENT; OR20
(III) T
HE COVERED EMPLOYEE'S DESIRED WORK HOURS, DAYS, OR21
TIMES, AS INDICATED PURSUANT TO SECTION 8-12.5-102 (1).22
(b) F
OR THE PURPOSES OF SUBSECTION (1)(a) OF THIS SECTION,23
"
DISCRIMINATE" INCLUDES PROVIDING SIMILARLY SITUATED COVERED24
EMPLOYEES WITH DIFFERENT:25
(I) H
OURLY WAGES;26
(II) E
LIGIBILITY FOR BENEFITS ACCRUED BASED ON TIME WORKED ;27
HB23-1118
-19- (III) OPPORTUNITIES TO APPLY FOR A PROMOTION ; OR1
(IV) O
THER CONDITIONS OF EMPLOYMENT .2
(2) T
HIS SECTION DOES NOT PROHIBIT DIFFERENCES IN HOURLY3
WAGES OR OTHER CONDITIONS OF EMPLOYMENT FOR REASONS OTHER4
THAN THOSE DESCRIBED IN SUBSECTION (1) OF THIS SECTION. FOR THE5
PURPOSES OF THIS SECTION, THE DATE OF HIRE, A MERIT SYSTEM, OR A6
SYSTEM THAT MEASURES EARNINGS BY QUANTITY PER HOUR OR QUALITY7
OF PRODUCTION IS A PERMISSIBLE BASIS FOR DIFFERENCES IN HOURLY8
WAGES OR OTHER CONDITIONS OF EMPLOYMENT .9
8-12.5-109. Right of employees to request work schedule10
modifications or flexible working arrangements. (1) A
T THE TIME OF11
HIRE AND AT ANY TIME DURING EMPLOYMENT , AN EMPLOYEE MAY12
REQUEST SCHEDULE MODIFICATIONS OR FLEXIBLE WORKING13
ARRANGEMENTS, INCLUDING REQUESTS:14
(a) T
O NOT BE SCHEDULED FOR SHIFTS DURING CERTAIN DAYS OR15
TIMES OR AT CERTAIN LOCATIONS;16
(b) T
O NOT WORK ON-CALL SHIFTS;17
(c) F
OR CERTAIN HOURS, DAYS, OR LOCATIONS OF WORK;18
(d) F
OR MORE OR FEWER WORK HOURS ;19
(e) F
OR CHANGES IN SHIFT START AND END TIMES ;20
(f) F
OR PART-TIME EMPLOYMENT OR PART-YEAR EMPLOYMENT; OR21
(g) F
OR A REDUCTION OR CHANGE IN WORK DUTIES .22
(2) I
F AN EMPLOYEE MAKES A REQUEST FOR A SCHEDULE23
MODIFICATION OR FLEXIBLE WORKING ARRANGEMENTS AS DESCRIBED IN24
SUBSECTION (1) OF THIS SECTION DUE TO A SERIOUS HEALTH CONDITION25
OF THE EMPLOYEE, THE EMPLOYEE'S RESPONSIBILITIES AS A CAREGIVER,26
OR THE EMPLOYEE'S ENROLLMENT IN A CAREER-RELATED EDUCATIONAL27
HB23-1118
-20- OR TRAINING PROGRAM, AND THE EMPLOYEE IDENTIFIES THE SERIOUS1
HEALTH CONDITION, CAREGIVING, OR EDUCATION AS THE REASON FOR THE2
REQUEST, THE EMPLOYER SHALL GRANT THE REQUEST UNLESS THE3
EMPLOYER HAS A BONA FIDE BUSINESS REASON FOR DENYING THE4
REQUEST. IN THE EVENT OF A DENIAL, THE EMPLOYER SHALL CONSIDER5
ALTERNATIVES TO THE PROPOSED CHANGES THAT MIGHT MEET THE6
EMPLOYEE'S NEEDS. IF AN EMPLOYER DENIES SUCH A REQUEST FOR A BONA7
FIDE BUSINESS REASON, THE EMPLOYER SHALL PROVIDE THE EMPLOYEE8
WITH THE REASON FOR THE DENIAL IN WRITING .9
(3) I
F AN EMPLOYEE MAKES A REQUEST FOR A SCHEDULE10
MODIFICATION OR FLEXIBLE WORKING ARRANGEMENTS AS DESCRIBED IN11
SUBSECTION (1) OF THIS SECTION FOR A REASON OTHER THAN THOSE12
REASONS DESCRIBED IN SUBSECTION (2) OF THIS SECTION, THE EMPLOYER13
MAY DENY THE REQUEST FOR ANY REASON THAT IS NOT UNLAWFUL . IN THE14
EVENT OF A DENIAL, THE EMPLOYER SHALL CONSIDER ALTERNATIVES TO15
THE PROPOSED CHANGES THAT MIGHT MEET THE EMPLOYEE 'S NEEDS. IF16
THE EMPLOYER DENIES SUCH A REQUEST , THE EMPLOYER SHALL PROVIDE17
THE EMPLOYEE WITH THE REASON FOR THE DENIAL IN WRITING .18
8-12.5-110. Retaliation prohibited - rebuttable presumption19
of retaliation. (1) I
T IS UNLAWFUL FOR:20
(a) A
N EMPLOYER OR ANY OTHER PERSON TO INTERFERE WITH ,21
RESTRAIN, OR DENY ANY PERSON'S ATTEMPT TO EXERCISE ANY RIGHT22
PROTECTED UNDER THIS ARTICLE 12.5; OR23
(b) A
PERSON TO TAKE AN ADVERSE ACTION AGAINST AN24
EMPLOYEE THAT PENALIZES THE EMPLOYEE FOR , OR IS REASONABLY25
LIKELY TO DETER THE EMPLOYEE FROM , EXERCISING OR ATTEMPTING TO26
EXERCISE ANY RIGHT PROTECTED UNDER THIS ARTICLE 12.5.27
HB23-1118
-21- (2) THE PROTECTIONS OF THIS SECTION APPLY TO A PERSON WHO1
MISTAKENLY BUT IN GOOD FAITH ALLEGES A VIOLATION OF THIS ARTICLE2
12.5.3
(3) I
F AN EMPLOYER OR A PERSON ACTING ON BEHALF OF THE4
EMPLOYER TAKES AN ADVERSE ACTION AGAINST AN EMPLOYEE WITHIN5
NINETY CALENDAR DAYS AFTER THE EMPLOYEE EXERCISES A RIGHT6
PROTECTED IN THIS ARTICLE 12.5, THERE IS A REBUTTABLE PRESUMPTION7
THAT THE EMPLOYER HAS RETALIATED .8
(4) I
N THE CASE OF SEASONAL EMPLOYMENT THAT ENDS BEFORE9
THE EXPIRATION OF THE NINETY-DAY PERIOD DESCRIBED IN SUBSECTION10
(3)
OF THIS SECTION, THE PRESUMPTION DESCRIBED IN SAID SUBSECTION11
(3)
APPLIES IF THE EMPLOYER FAILS TO REHIRE A FORMER EMPLOYEE AT12
THE NEXT OPPORTUNITY TO HIRE THE FORMER EMPLOYEE FOR WORK IN13
THE SAME POSITION.14
8-12.5-111. Notice of rights - rules. (1) A
COVERED EMPLOYER15
SHALL POST AND KEEP POSTED, IN CONSPICUOUS AND ACCESSIBLE PLACES16
ON THE PREMISES OF THE COVERED EMPLOYER , A NOTICE THAT:17
(a) S
ETS FORTH COVERED EMPLOYEES ' RIGHTS AND PRIVILEGES18
UNDER THIS ARTICLE 12.5;19
(b) S
TATES THAT RETALIATION AGAINST COVERED EMPLOYEES FOR20
EXERCISING THOSE RIGHTS IS PROHIBITED; AND21
(c) P
ROVIDES SUCH OTHER INFORMATION AS THE DIVISION MAY22
REQUIRE.23
(2) I
F A COVERED EMPLOYER DISTRIBUTES AN EMPLOYEE24
HANDBOOK TO COVERED EMPLOYEES , THE COVERED EMPLOYER SHALL25
INCLUDE IN THE HANDBOOK THE NOTICE DESCRIBED IN SUBSECTION (1) OF26
THIS SECTION.27
HB23-1118
-22- (3) WITH EACH COVERED EMPLOYEE 'S FIRST PAYCHECK ON OR1
AFTER JANUARY 1, 2024, EACH COVERED EMPLOYER SHALL PROVIDE THE2
COVERED EMPLOYEE A NOTICE ADVISING THE COVERED EMPLOYEE OF THE3
RIGHTS AND PROTECTIONS DESCRIBED IN THIS ARTICLE 12.5.4
(4) T
HE DIRECTOR SHALL PROMULGATE RULES TO ESTABLISH THE5
FORM OF THE NOTICES REQUIRED BY THIS SECTION AND SHALL6
PROMULGATE RULES REQUIRING EMPLOYERS TO :7
(a) P
ROVIDE TO EACH EMPLOYEE A SEPARATE WRITTEN NOTICE8
CONCERNING EMPLOYEE RIGHTS DESCRIBED UNDER SECTION 8-12.5-109;9
AND10
(b) D
ISPLAY, IN A CONSPICUOUS AND ACCESSIBLE PLACE WHERE11
NOTICES ARE CUSTOMARILY POSTED , A POSTER CONCERNING EMPLOYEE12
RIGHTS DESCRIBED UNDER SECTION 8-12.5-109.13
8-12.5-112. Employer records - compliance - authority of14
director to investigate - identification of pay in paychecks - rules.15
(1) (a) C
OVERED EMPLOYERS SHALL KEEP RECORDS AS NECESSARY TO16
DEMONSTRATE COMPLIANCE WITH THIS ARTICLE 12.5, INCLUDING:17
(I) W
RITTEN STATEMENTS OBTAINED FROM COVERED EMPLOYEES18
PURSUANT TO SECTION 8-12.5-102 (1);19
(II) A
NTICIPATED WORK PLANS ESTABLISHED AND PROVIDED TO20
COVERED EMPLOYEES PURSUANT TO SECTION 8-12.5-102 (2);21
(III) N
OTICES INDICATING COVERED EMPLOYEES ' VOLUNTARY22
CONSENT TO WORK ADDITIONAL HOURS OR ADDITIONAL SHIFTS THAT ARE23
NOT INCLUDED IN A WORK SCHEDULE , AS REQUIRED BY SECTION24
8-12.5-103
(5);25
(IV) T
HE COVERED EMPLOYER 'S OFFERS OF SHIFTS TO EXISTING26
COVERED EMPLOYEES AND COVERED EMPLOYEES ' RESPONSES TO THE27
HB23-1118
-23- OFFERS, AS DESCRIBED IN SECTION 8-12.5-106; AND1
(V) P
AYROLL RECORDS THAT SPECIFY THE AMOUNT OF2
ADDITIONAL COMPENSATION PAID TO COVERED EMPLOYEES PURSUANT TO3
SECTIONS 8-12.5-104, 8-12.5-105, 8-12.5-106, AND 8-12.5-107.4
(b) E
MPLOYERS SHALL KEEP RECORDS AS NECESSARY TO5
DEMONSTRATE COMPLIANCE WITH SECTION 8-12.5-109.6
(c) E
MPLOYERS SHALL RETAIN THE RECORDS DESCRIBED IN7
SUBSECTION (1)(a) OR (1)(b) OF THIS SECTION, AS APPLICABLE, FOR THREE8
YEARS OR FOR THE DURATION OF A CLAIM , CIVIL ACTION, OR9
INVESTIGATION PENDING PURSUANT TO THIS ARTICLE 12.5, WHICHEVER IS10
LONGER.11
(2) E
XCEPT AS DESCRIBED IN SECTION 8-12.5-103 (3), UPON THE12
REQUEST OF ANY COVERED EMPLOYEE , AND IN ACCORDANCE WITH RULES13
PROMULGATED BY THE DIRECTOR , A COVERED EMPLOYER SHALL PROVIDE14
TO THE COVERED EMPLOYEE THE WORK SCHEDULES OF ALL COVERED15
EMPLOYEES AT THE COVERED EMPLOYEE 'S WORK LOCATION IN WRITING16
FOR ANY WEEK DURING THE PRECEDING TWO YEARS , INCLUDING THE17
ORIGINALLY POSTED WORK SCHEDULES AND ANY MODIFIED VERSIONS OF18
THEM.19
(3) T
HE DIRECTOR OR THE DIRECTOR 'S DESIGNEE MAY20
INVESTIGATE AND GATHER DATA PERTINENT TO MATTERS THAT MAY AID21
IN CARRYING OUT THE PROVISIONS OF THIS ARTICLE 12.5. IN ANY CASE22
WHERE A COMPLAINT HAS BEEN FILED WITH THE DIVISION REGARDING A23
VIOLATION OF THIS ARTICLE 12.5, OR WHERE THE DIRECTOR HAS24
REASONABLE GROUNDS TO BELIEVE THAT AN EMPLOYER HAS VIOLATED25
PROVISIONS OF THIS ARTICLE 12.5, THE DIRECTOR OR THE DIRECTOR 'S26
DESIGNEE MAY INVESTIGATE AND ISSUE SUBPOENAS REQUIRING THE27
HB23-1118
-24- ATTENDANCE AND TESTIMONY OF ANY WITNESS OR THE PRODUCTION OF1
ANY EVIDENCE IN CONNECTION WITH SUCH INVESTIGATION .2
(4) W
HEN AN ISSUE ARISES AS TO AN EMPLOYER 'S COMPLIANCE3
WITH THIS ARTICLE 12.5, IF THE EMPLOYER DOES NOT MAINTAIN OR RETAIN4
ADEQUATE RECORDS DOCUMENTING COMPLIANCE OR DOES NOT ALLOW5
THE DIVISION REASONABLE ACCESS TO THE RECORDS OR TO A RELEVANT6
WORK SITE WITHIN THIRTY DAYS AFTER THE DIVISION 'S REQUEST, IT IS7
PRESUMED THAT THE EMPLOYER DID NOT COMPLY WITH THIS ARTICLE8
12.5.9
(5) A
COVERED EMPLOYER SHALL INCLUDE IN EACH COVERED10
EMPLOYEE'S REGULAR PAYCHECK ANY PAY PROVIDED TO THE COVERED11
EMPLOYEE PURSUANT TO SECTION 8-12.5-104, 8-12.5-105, 8-12.5-106, OR12
8-12.5-107,
AS APPLICABLE, FOR THE PERIOD IN WHICH THE PAY IS13
ACCRUED. IN EACH CORRESPONDING WRITTEN WAGE STATEMENT OR PAY14
STUB, THE COVERED EMPLOYER SHALL IDENTIFY EACH TYPE OF15
COMPENSATION INCLUDED IN THE PAYCHECK AS FOLLOWS :16
(a) P
AY THAT A COVERED EMPLOYEE RECEIVES PURSUANT TO17
SECTION 8-12.5-104 (1)(a) SHALL BE IDENTIFIED AS "EXCESS TIME18
PREDICTABILITY PAY";19
(b) P
AY THAT A COVERED EMPLOYEE RECEIVES PURSUANT TO20
SECTION 8-12.5-104 (1)(b) SHALL BE IDENTIFIED AS "SHORT TIME21
PREDICTABILITY PAY";22
(c) P
AY THAT A COVERED EMPLOYEE RECEIVES PURSUANT TO23
SECTION 8-12.5-105 (3) SHALL BE IDENTIFIED AS "REST SHORTFALL PAY";24
(d) P
AY THAT A COVERED EMPLOYEE RECEIVES PURSUANT TO25
SECTION 8-12.5-106 (4) SHALL BE IDENTIFIED AS "RETENTION PAY"; AND26
(e) P
AY THAT A COVERED EMPLOYEE RECEIVES PURSUANT TO27
HB23-1118
-25- SECTION 8-12.5-107 SHALL BE IDENTIFIED AS A "MINIMUM WEEKLY PAY1
ADJUSTMENT".2
8-12.5-113. Available relief. (1) A
PERSON WHO IS AGGRIEVED3
BY A VIOLATION OF THIS ARTICLE 12.5 MAY SEEK RELIEF BY:4
(a) F
ILING A COMPLAINT WITH THE DIVISION PURSUANT TO SECTION5
8-12.5-114;
OR6
(b) B
RINGING A CIVIL ACTION IN DISTRICT COURT AGAINST AN7
EMPLOYER PURSUANT TO SECTION 8-12.5-115.8
(2) I
N ANY ACTION TO ENFORCE THIS ARTICLE 12.5 IN WHICH AN9
EMPLOYER ARGUES THAT A PERSON ASSERTING STATUS AS AN EMPLOYEE10
IS IN FACT AN INDEPENDENT CONTRACTOR , THERE IS A REBUTTABLE11
PRESUMPTION THAT THE PERSON IS AN EMPLOYEE .12
8-12.5-114. Enforcement by division - complaints - rules - fines13
- penalties. (1) W
ITHIN THREE YEARS AFTER AN ALLEGED VIOLATION OF14
THIS ARTICLE 12.5, A WHISTLEBLOWER OR AN AGGRIEVED INDIVIDUAL15
MAY FILE A COMPLAINT WITH THE DIVISION AGAINST AN EMPLOYER AS16
FOLLOWS:17
(a) U
NTIL SUCH DATE THAT THE DIVISION MAKES A COMPLAINT18
FORM PUBLICLY AVAILABLE , A WHISTLEBLOWER OR AN AGGRIEVED19
INDIVIDUAL MAY FILE A COMPLAINT WITH THE DIVISION IN ANY FORM BY20
MAIL OR E-MAIL. THE DIVISION MAY REQUIRE THE WHISTLEBLOWER OR21
AGGRIEVED INDIVIDUAL TO COMPLETE THE DIVISION 'S COMPLAINT FORM22
AFTER IT IS AVAILABLE, IN WHICH CASE THE FILING DATE REMAINS THE23
DATE OF THE CLAIMANT'S ORIGINAL FILING.24
(b) A
FTER THE DIVISION MAKES A COMPLAINT FORM PUBLICLY25
AVAILABLE, A WHISTLEBLOWER OR AN AGGRIEVED INDIVI DUAL SHALL USE26
THE DIVISION'S COMPLAINT FORM TO FILE A COMPLAINT .27
HB23-1118
-26- (2) IN RESPONSE TO A COMPLAINT FILED BY A WHISTLEBLOWER OR1
AN AGGRIEVED INDIVIDUAL, THE DIVISION SHALL EITHER:2
(a) I
NVESTIGATE THE ALLEGED VIOLATION PURSUANT TO SECTION3
8-12.5-112
(3); OR4
(b) A
UTHORIZE THE WHISTLEBLOWER OR AGGRIEVED INDIVIDUAL5
TO PROCEED WITH A CIVIL ACTION IN DISTRICT COURT AS PROVIDED IN6
SECTION 8-12.5-115 OR 8-12.5-116, AS APPLICABLE.7
(3) I
F, AFTER AN INVESTIGATION OF AN ALLEGED VIOLATION OF8
THIS ARTICLE 12.5, THE DIVISION DETERMINES THAT A VIOLATION HAS9
OCCURRED, THE DIVISION, IN ADDITION TO ANY OTHER REMEDY PROVIDED10
IN THIS TITLE 8, MAY AWARD REASONABLE ATTORNEY FEES AND ANY11
REMEDY AVAILABLE PURSUANT TO SECTION 8-12.5-115, IMPOSE FINES OR12
PENALTIES PURSUANT TO THE DIVISION'S AUTHORITY UNDER THIS TITLE 8,13
AND IMPOSE STATUTORY DAMAGES PURSUANT TO SECTION 8-12.5-115.14
(4) I
F A PERSON AGGRIEVED BY A VIOLATION OF THIS ARTICLE 12.515
FILES A CIVIL ACTION IN DISTRICT COURT TO ENFORCE A DETERMINATION16
MADE UNDER THIS SECTION, THE COURT SHALL WAIVE ANY FILING FEE17
REQUIRED UNDER ARTICLE 32 OF TITLE 13.18
(5) I
F THE DIVISION DETERMINES THAT THE RIGHTS OF MULTIPLE19
EMPLOYEES HAVE BEEN VIOLATED , EACH VIOLATION FOR EACH EMPLOYEE20
IS A SEPARATE VIOLATION FOR PURPOSES OF FINES, PENALTIES, AND OTHER21
REMEDIES.22
(6) T
HE DIVISION MAY BRING A CIVIL ACTION IN THE DISTRICT23
COURT TO ENFORCE THIS ARTICLE 12.5 TO:24
(a) R
ECOVER RELIEF FOR AN AGGRIEVED EMPLOYEE ; OR25
(b) R
ECOVER PENALTIES FOR THE STATE:26
(I) E
QUAL TO THE AMOUNTS SPECIFIED IN SECTION 8-12.5-11527
HB23-1118
-27- (2)(b); OR1
(II) I
N THE CASE OF A VIOLATION OF SECTION 8-12.5-110, IN AN2
AMOUNT OF TEN THOUSAND DOLLARS PER VIOLATION .3
(7) D
ETERMINATIONS MADE BY THE DIVISION UNDER THIS SECTION4
MAY BE:5
(a) A
PPEALED PURSUANT TO SECTION 8-4-111.5 AND RULES6
PROMULGATED BY THE DIRECTOR REGARDING APPEALS AND7
ENFORCEMENT OF THE PROTECTIONS DESCRIBED IN THIS ARTICLE 12.5;8
AND9
(b) E
NFORCED BY THE DIVISION IN ACCORDANCE WITH SECTION10
8-4-113.11
8-12.5-115. Civil actions - damages - available relief. (1) T
HE12
PAYMENTS OWED TO COVERED EMPLOYEES PURSUANT TO SECTIONS13
8-12.5-104,
8-12.5-105, 8-12.5-106, AND 8-12.5-107 ARE WAGES14
RECOVERABLE UNDER ARTICLES 4 AND 6 OF THIS TITLE 8 AND RULES15
PROMULGATED PURSUANT TO SUCH ARTICLES 4 AND 6. AN AGGRIEVED16
PERSON MAY ALSO BRING A CIVIL ACTION IN DISTRICT COURT TO RECOVER17
STATUTORY DAMAGES AND OTHER RELIEF PURSUANT TO SUBSECTION (2)18
OF THIS SECTION.19
(2) I
N A CIVIL ACTION BROUGHT BY AN AGGRIEVED PERSON IN20
DISTRICT COURT ALLEGING A VIOLATION OF THIS ARTICLE 12.5, THE COURT21
MAY ORDER SUCH RELIEF AS THE COURT DEEMS APPROPRIATE , INCLUDING:22
(a) A
N ORDER DIRECTING COMPLIANCE WITH THE REQUIREMENTS23
OF THIS ARTICLE 12.5 OR WITH RULES PROMULGATED PURSUANT TO THIS24
ARTICLE 12.5; AND25
(b) F
OR EACH VIOLATION OF THE FOLLOWING SECTIONS OF THIS26
ARTICLE 12.5, AN ORDER DIRECTING COMPLIANCE WITH THE APPROPRIATE27
HB23-1118
-28- SECTION ON AN EMPLOYER -WIDE BASIS WHERE APPROPRIATE AND1
STATUTORY DAMAGES ON A PER-COVERED-EMPLOYEE AND PER-INSTANCE2
BASIS FOR EACH VIOLATION, PAYABLE TO THE COVERED EMPLOYEE EACH3
CALENDAR DAY AS FOLLOWS :4
(I) F
OR A VIOLATION OF SECTION 8-12.5-102, TWO HUNDRED5
DOLLARS;6
(II) F
OR A VIOLATION OF SECTION 8-12.5-103, TWO HUNDRED7
DOLLARS;8
(III) F
OR A VIOLATION OF SECTION 8-12.5-104, THREE HUNDRED9
DOLLARS;10
(IV) F
OR A VIOLATION OF SECTION 8-12.5-105, FIVE HUNDRED11
DOLLARS;12
(V) F
OR A VIOLATION OF SECTION 8-12.5-106, FIVE HUNDRED13
DOLLARS;14
(VI) F
OR A VIOLATION OF SECTION 8-12.5-107, THREE HUNDRED15
DOLLARS; AND16
(VII) F
OR A VIOLATION OF SECTION 8-12.5-108, FIVE HUNDRED17
DOLLARS.18
(3) I
F THE COURT DETERMINES THAT AN EMPLOYER VIOLATED19
SECTION 8-12.5-110, RELIEF MAY INCLUDE:20
(a) R
EINSTATEMENT OR REHIRING OF THE EMPLOYEE , WITH OR21
WITHOUT BACK PAY;22
(b) T
HE GREATER OF EITHER TEN THOUSAND DOLLARS OR ANY23
LOST PAY RESULTING FROM THE VIOLATION , INCLUDING BACK PAY FOR A24
REINSTATED OR REHIRED EMPLOYEE AND FRONT PAY FOR AN EMPLOYEE25
WHO IS NOT REINSTATED OR REHIRED; AND26
(c) A
NY OTHER EQUITABLE RELIEF THE COURT DEEMS27
HB23-1118
-29- APPROPRIATE.1
(4) A
N EMPLOYEE MAY RECOVER PUNITIVE DAMAGES FROM AN2
EMPLOYER IF THE EMPLOYEE DEMONSTRATES BY CLEAR AND CONVINCING3
EVIDENCE THAT THE EMPLOYER VIOLATED ANY PROVISION OF THIS4
ARTICLE 12.5 WITH MALICE OR RECKLESS INDIFFERENCE TO THE RIGHTS OF5
THE EMPLOYEE. HOWEVER, IF THE EMPLOYER DEMONSTRATES GOOD-FAITH6
EFFORTS TO COMPLY WITH THIS ARTICLE 12.5, THE COURT SHALL NOT7
AWARD PUNITIVE DAMAGES PURSUANT TO THIS SUBSECTION (4).8
(5) I
F AN EMPLOYEE IN A CIVIL ACTION FILED IN DISTRICT COURT9
UNDER THIS ARTICLE 12.5 SEEKS COMPENSATORY OR PUNITIVE DAMAGES10
PURSUANT TO THIS SECTION, A PARTY TO THE CIVIL ACTION MAY DEMAND11
A TRIAL BY JURY.12
(6) T
HE COURT SHALL AWARD REASONABLE ATTORNEY FEES AND13
COSTS TO AN EMPLOYEE WHO PREVAILS IN AN ACTION BROUGHT PURSUANT14
TO THIS SECTION.15
8-12.5-116. Whistleblower enforcement - notice - proceeds of16
judgment. (1) (a) A
WHISTLEBLOWER, ON BEHALF OF THE STATE, MAY17
BRING A CIVIL ACTION IN DISTRICT COURT AGAINST A COVERED EMPLOYER18
FOR A VIOLATION OF THIS ARTICLE 12.5 TO SEEK EQUITABLE REMEDIES OR19
PENALTIES EQUIVALENT TO THE STATUTORY DAMAGES DESCRIBED IN20
SECTION 8-12.5-115. THE STATE MAY INTERVENE TO PROSECUTE THE21
ACTION IN ITS OWN NAME AT ANY TIME UNTIL THIRTY DAYS AFTER THE22
FILING OF THE ACTION AND MAY INTERVENE AFTER THIRTY DAYS WITH THE23
PERMISSION OF THE COURT.24
(b) N
OT LESS THAN THIRTY DAYS BEFORE THE ACTION IS FILED ,25
THE WHISTLEBLOWER SHALL GIVE WRITTEN NOTICE TO THE DIVISION OF26
THE SPECIFIC PROVISIONS OF THIS ARTICLE 12.5 THAT THE27
HB23-1118
-30- WHISTLEBLOWER ALLEGES THAT A COVERED EMPLOYER VIOLATED . THE1
DIVISION MAY PROSECUTE THE ACTION IN ITS OWN NAME OR ALLOW THE2
WHISTLEBLOWER TO PROCEED ON BEHALF OF THE STATE .3
(2) T
HE PROCEEDS OF ANY JUDGMENT ENTERED IN FAVOR OF A4
WHISTLEBLOWER PURSUANT TO THIS SECTION SHALL BE DISTRIBUTED AS5
FOLLOWS:6
(a) S
EVENTY-FIVE PERCENT TO THE DIVISION FOR ENFORCEMENT7
OF THIS ARTICLE 12.5; AND8
(b) T
WENTY-FIVE PERCENT TO THE FIRST WHISTLEBLOWER WHO9
FILED THE ACTION.10
(3) I
N ADDITION TO THE AMOUNT DESCRIBED IN SUBSECTION (2) OF11
THIS SECTION, THE COURT SHALL AWARD REASONABLE ATTORNEY FEES TO12
A WHISTLEBLOWER WHO PREVAILS IN AN ACTION BROUGHT PURSUANT TO13
SUBSECTION (1)(a) OF THIS SECTION.14
(4) T
HE RIGHT TO BRING AN ACTION UNDER THIS SECTION IS NOT15
IMPAIRED BY ANY PRIVATE CONTRACT .16
(5) A
N ACTION UNDER THIS SECTION SHALL BE TRIED PROMPTLY17
AND WITHOUT REGARD TO CONCURRENT ADJUDICATION OF PRIVATE18
CLAIMS.19
8-12.5-117. Collective bargaining. (1) N
OTHING IN THIS ARTICLE20
12.5
AFFECTS THE VALIDITY OR CHANGES THE TERMS OF A BONA FIDE21
COLLECTIVE BARGAINING AGREEMENT IN FORCE ON THE EFFECTIVE DATE22
OF THIS ARTICLE 12.5.23
(2) N
OTWITHSTANDING ANY PROVISION OF THIS ARTICLE 12.5 TO24
THE CONTRARY, ANY OR ALL OF THE PROVISIONS OF THIS ARTICLE 12.525
MAY BE WAIVED IN A BONA FIDE COLLECTIVE BARGAINING AGREEMENT IF26
THE WAIVER IS EXPLICITLY SET FORTH IN THE AGREEMENT IN CLEAR AND27
HB23-1118
-31- UNMISTAKABLE TERMS.1
8-12.5-118. Applicability. (1) N
OTHING IN THIS ARTICLE 12.52
DIMINISHES:3
(a) T
HE OBLIGATION OF AN EMPLOYER TO COMPLY WITH ANY4
CONTRACT, COLLECTIVE BARGAINING AGREEMENT , EMPLOYMENT BENEFIT5
PLAN, OR OTHER AGREEMENT PROVIDING EMPLOYEES WITH A POLICY THAT6
PROVIDES GREATER EMPLOYEE PROTECTIONS THAN ARE REQUIRED BY THIS7
ARTICLE 12.5; OR8
(b) T
HE RIGHTS, PRIVILEGES, OR REMEDIES OF AN EMPLOYEE9
UNDER A COLLECTIVE BARGAINING OR PARTNERSHIP AGREEMENT ,10
EMPLOYER POLICY, OR EMPLOYMENT CONTRACT .11
(2) E
XCEPT AS DESCRIBED IN SECTIONS 8-12.5-107 (2) AND12
8-12.5-117,
ANY AGREEMENT BY AN EMPLOYEE TO WAIVE THE13
EMPLOYEE'S RIGHTS UNDER THIS ARTICLE 12.5 IS VOID AS AGAINST PUBLIC14
POLICY.15
8-12.5-119. No avoidance of application. (1) I
T IS UNLAWFUL16
FOR AN EMPLOYER TO TAKE ANY ACTION TO AVOID THE APPLICABILITY OF17
THIS ARTICLE 12.5, INCLUDING:18
(a) C
HANGING A REGULAR RATE OF PAY FOR ANY EMPLOYEE ;19
(b) I
NTERFERING WITH, RESTRAINING, DENYING, OR CHANGING20
SCHEDULED WORKDAYS OR HOURS FOR ANY EMPLOYEE ; OR21
(c) H
IRING, REHIRING, TERMINATING, OR SUSPENDING, EVEN22
TEMPORARILY, AN EMPLOYEE.23
8-12.5-120. Rules. T
HE DIRECTOR SHALL PROMULGATE RULES AS24
REQUIRED BY THIS ARTICLE 12.5 AND SUCH ADDITIONAL RULES AS ARE25
NECESSARY TO IMPLEMENT THIS ARTICLE 12.5.26
8-12.5-121. Severability. I
F ANY PROVISION OR APPLICATION OF27
HB23-1118
-32- THIS ARTICLE 12.5 TO ANY PERSON OR CIRCUMSTANCE IS JUDGED INVALID ,1
THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS2
OF THIS ARTICLE 12.5 THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID3
PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF THIS4
ARTICLE 12.5 ARE DECLARED SEVERABLE.5
SECTION 2. Act subject to petition - effective date -6
applicability. (1) This act takes effect January 1, 2024; except that, if a7
referendum petition is filed pursuant to section 1 (3) of article V of the8
state constitution against this act or an item, section, or part of this act9
within the ninety-day period after final adjournment of the general10
assembly, then the act, item, section, or part will not take effect unless11
approved by the people at the general election to be held in November12
2024 and, in such case, will take effect on the date of the official13
declaration of the vote thereon by the governor.14
(2) This act applies to conduct occurring on or after the applicable15
effective date of this act.16
HB23-1118
-33-