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 - Dead) 2019-03-12 - Left pending in committee [HB640 Detail]
Download: Texas-2019-HB640-Introduced.html
86R2577 SMT-F | ||
By: Hernandez | H.B. No. 640 |
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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. |