Bill Text: TX HB640 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the requirement that certain employers provide advance notice of employee work schedules.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-01-04 - Filed [HB640 Detail]

Download: Texas-2019-HB640-Introduced.html
  86R2577 SMT-F
 
  By: Hernandez H.B. No. 640
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the requirement that certain employers provide advance
  notice of employee work schedules.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 3, Labor Code, is amended by adding Chapter
  106 to read as follows:
  CHAPTER 106. NOTICE OF EMPLOYEE WORK SCHEDULE
         Sec. 106.001.  DEFINITION; APPLICABILITY. (a) In this
  chapter, "food and general retail establishment" means a retail
  sales establishment that has a physical location with in-person
  food or merchandise sales to ultimate consumers for personal,
  family, or household purposes, including a restaurant, a food
  retail store, a grocery store, a general merchandise store, a
  department store, and a health and personal care store.
         (b)  Except as provided by Subsection (c), this chapter
  applies only to a food and general retail establishment that:
               (1)  employs at least 500 employees in this state;
               (2)  has at least 10 other retail sales establishments
  in states other than this state; and
               (3)  maintains at least two of the following: 
                     (A)  a standardized array of merchandise;
                     (B)  a standardized facade;
                     (C)  a standardized decor and color scheme;
                     (D)  uniform apparel;
                     (E)  standardized signage; or
                     (F)  a trademark or a service mark.
         (c)  This chapter does not apply to:
               (1)  a retail establishment at which the primary
  activity is providing customer service and the sale of merchandise
  is secondary or incidental to that service;
               (2)  an online retailer that does not have a physical
  location with in-person sales in this state; or 
               (3)  a new motor vehicle dealer.
         Sec. 106.002.  NOTICE REQUIRED. Except as provided by
  Section 106.004, a food and general retail establishment shall
  notify each hourly employee of the employee's scheduled work shift
  at least two weeks before the time the shift is scheduled to begin.
         Sec. 106.003.  REMEDY FOR VIOLATION OF NOTICE REQUIREMENT.
  (a) A food and general retail establishment that violates Section
  106.002 by canceling or moving an employee's work shift to another
  date or time shall pay the employee the following compensation for
  each previously scheduled shift that is canceled or moved:
               (1)  one hour of pay at the employee's regular hourly
  rate if the establishment notifies the employee less than seven
  days but more than 24 hours before the time of the scheduled shift;
               (2)  two hours of pay at the employee's regular hourly
  rate for each shift of four hours or less if the establishment
  notifies the employee less than 24 hours before the time of the
  scheduled shift; and
               (3)  four hours of pay at the employee's regular hourly
  rate for each shift of more than four hours if the establishment
  notifies the employee less than 24 hours before the time of the
  scheduled shift.
         (b)  A food and general retail establishment that violates
  Section 106.002 by requiring an employee to work an unscheduled
  shift shall pay the employee the following compensation for each
  previously unscheduled shift that the establishment requires the
  employee to work, in addition to the employee's regular pay for that
  shift: 
               (1)  one hour of pay at the employee's regular hourly
  rate if the establishment notifies the employee less than seven
  days but more than 24 hours before the time of the shift; 
               (2)  two hours of pay at the employee's regular hourly
  rate for each shift of four hours or less if the establishment
  notifies the employee less than 24 hours before the time of the
  shift; and
               (3)  four hours of pay at the employee's regular hourly
  rate for each shift of more than four hours if the establishment
  notifies the employee less than 24 hours before the time of the
  shift.
         Sec. 106.004.  EXCEPTIONS TO NOTICE REQUIREMENT. A food and
  general retail establishment is not required to provide the notice
  under Section 106.002 if:
               (1)  the establishment's operations cannot begin or
  continue due to threats to employees or property, or because civil
  authorities recommend that work not begin or continue;
               (2)  the establishment's operations cannot begin or
  continue because public utilities fail to supply electricity,
  water, or gas to the establishment, or there is a failure in the
  public utility or sewer system at the establishment;
               (3)  the establishment's operations cannot begin or
  continue due to an act of God or another cause not within the
  establishment's control, including a state of emergency declared by
  a local government or the governor;
               (4)  another employee who was previously scheduled to
  work the previously unscheduled shift is unable to work and the
  establishment did not receive at least seven days' notice of the
  other employee's absence;
               (5)  another employee who was previously scheduled to
  work the previously unscheduled shift does not report to work on
  time or is fired, sent home, or told to stay home as a disciplinary
  action;
               (6)  the establishment requires the employee to work
  overtime, including mandatory overtime; or
               (7)  the employee works a previously unscheduled shift
  because the employee traded shifts with another employee or
  requested a change in shift, hours, or work schedule.
         SECTION 2.  Chapter 106, Labor Code, as added by this Act,
  applies only to an employee's work shift that is scheduled by an
  employer on or after the effective date of this Act. An employee's
  work shift that is scheduled by an employer before the effective
  date of this Act is governed by the law in effect immediately before
  the effective date of this Act, and that law is continued in effect
  for that purpose.
         SECTION 3.  This Act takes effect September 1, 2019.
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