Texas 2021 - 87th Regular

Texas House Bill HB401 Compare Versions

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

Old	New	Differences
1	1	87R2710 SGM-F
2	2	By: Hernandez H.B. No. 401
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the requirement that certain employers provide advance
8	8	notice of employee work schedules.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 3, Labor Code, is amended by adding Chapter
11	11	106 to read as follows:
12	12	CHAPTER 106. NOTICE OF EMPLOYEE WORK SCHEDULE
13	13	Sec. 106.001. DEFINITION; APPLICABILITY. (a) In this
14	14	chapter, "food and general retail establishment" means a retail
15	15	sales establishment that has a physical location with in-person
16	16	food or merchandise sales to ultimate consumers for personal,
17	17	family, or household purposes, including a restaurant, food retail
18	18	store, grocery store, general merchandise store, department
19	19	store, and health and personal care store.
20	20	(b) Except as provided by Subsection (c), this chapter
21	21	applies only to a food and general retail establishment that:
22	22	(1) employs at least 500 employees in this state;
23	23	(2) has at least 10 other retail sales establishments
24	24	in states other than this state; and
25	25	(3) maintains at least two of the following:
26	26	(A) a standardized array of merchandise;
27	27	(B) a standardized facade;
28	28	(C) a standardized decor and color scheme;
29	29	(D) uniform apparel;
30	30	(E) standardized signage; or
31	31	(F) a trademark or a service mark.
32	32	(c) This chapter does not apply to:
33	33	(1) a retail establishment at which the primary
34	34	activity is providing customer service and the sale of merchandise
35	35	is secondary or incidental to that service;
36	36	(2) an online retailer that does not have a physical
37	37	location with in-person sales in this state; or
38	38	(3) a new motor vehicle dealer.
39	39	Sec. 106.002. NOTICE REQUIRED. Except as provided by
40	40	Section 106.004, a food and general retail establishment shall
41	41	notify each hourly employee of the employee's scheduled work shift
42	42	at least two weeks before the time the shift is scheduled to begin.
43	43	Sec. 106.003. REMEDY FOR VIOLATION OF NOTICE REQUIREMENT.
44	44	(a) A food and general retail establishment that violates Section
45	45	106.002 by canceling or moving an employee's work shift to another
46	46	date or time shall pay the employee the following compensation for
47	47	each previously scheduled shift that is canceled or moved:
48	48	(1) one hour of pay at the employee's regular hourly
49	49	rate if the establishment notifies the employee less than seven
50	50	days but more than 24 hours before the time of the scheduled shift;
51	51	(2) two hours of pay at the employee's regular hourly
52	52	rate for each shift of four hours or less if the establishment
53	53	notifies the employee less than 24 hours before the time of the
54	54	scheduled shift; and
55	55	(3) four hours of pay at the employee's regular hourly
56	56	rate for each shift of more than four hours if the establishment
57	57	notifies the employee less than 24 hours before the time of the
58	58	scheduled shift.
59	59	(b) A food and general retail establishment that violates
60	60	Section 106.002 by requiring an employee to work an unscheduled
61	61	shift shall pay the employee the following compensation for each
62	62	previously unscheduled shift that the establishment requires the
63	63	employee to work, in addition to the employee's regular pay for that
64	64	shift:
65	65	(1) one hour of pay at the employee's regular hourly
66	66	rate if the establishment notifies the employee less than seven
67	67	days but more than 24 hours before the time of the shift;
68	68	(2) two hours of pay at the employee's regular hourly
69	69	rate for each shift of four hours or less if the establishment
70	70	notifies the employee less than 24 hours before the time of the
71	71	shift; and
72	72	(3) four hours of pay at the employee's regular hourly
73	73	rate for each shift of more than four hours if the establishment
74	74	notifies the employee less than 24 hours before the time of the
75	75	shift.
76	76	Sec. 106.004. EXCEPTIONS TO NOTICE REQUIREMENT. A food and
77	77	general retail establishment is not required to provide the notice
78	78	under Section 106.002 if:
79	79	(1) the establishment's operations cannot begin or
80	80	continue due to threats to employees or property, or because civil
81	81	authorities recommend that work not begin or continue;
82	82	(2) the establishment's operations cannot begin or
83	83	continue because public utilities fail to supply electricity,
84	84	water, or gas to the establishment, or there is a failure in the
85	85	public utility or sewer system at the establishment;
86	86	(3) the establishment's operations cannot begin or
87	87	continue due to an act of God or another cause not within the
88	88	establishment's control, including a state of emergency declared by
89	89	a local government or the governor;
90	90	(4) another employee who was previously scheduled to
91	91	work the previously unscheduled shift is unable to work and the
92	92	establishment did not receive at least seven days' notice of the
93	93	other employee's absence;
94	94	(5) another employee who was previously scheduled to
95	95	work the previously unscheduled shift does not report to work on
96	96	time or is fired, sent home, or told to stay home as a disciplinary
97	97	action;
98	98	(6) the establishment requires the employee to work
99	99	overtime, including mandatory overtime; or
100	100	(7) the employee works a previously unscheduled shift
101	101	because the employee traded shifts with another employee or
102	102	requested a change in shift, hours, or work schedule.
103	103	SECTION 2. Chapter 106, Labor Code, as added by this Act,
104	104	applies only to an employee's work shift that is scheduled by an
105	105	employer on or after the effective date of this Act. An employee's
106	106	work shift that is scheduled by an employer before the effective
107	107	date of this Act is governed by the law in effect immediately before
108	108	the effective date of this Act, and that law is continued in effect
109	109	for that purpose.
110	110	SECTION 3. This Act takes effect September 1, 2021.