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REFERENCE TITLE: employer requirements; work schedules; report |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2766 |
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Introduced by Representatives Sandoval: Aguilar, Salman
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An Act
amending title 23, chapter 2, article 1, Arizona Revised Statutes, by adding section 23-207; relating to employment practices.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 23-207, to read:
23-207. Advanced notice of work schedules and changes; work schedules; inspections; complaints; civil penalty; attorney general; annual report
A. Before the start of a new employee's employment, an employer shall provide the employee with a good faith estimate in writing of the employee's expected minimum number of scheduled shifts per month, excluding on-call shifts, and the days and hours of those shifts. The new employee may request that the employer modify this estimated work schedule before the start of employment. The employer shall consider any such request and may accept or reject the request. The employer shall notify the employee of its determination before the start of employment. The estimate does not constitute a contractual offer, and the employer is not bound by the estimate.
B. An employer shall provide its employees with at least two weeks' prior notice of the employees' work schedules on a biweekly basis by either:
1. Posting the work schedule in a conspicuous place that is readily accessible and visible to all employees.
2. Transmitting the work schedule by electronic means.
C. An employer shall provide newly hired employees an initial work schedule that runs through the date of the next biweekly work schedule on the newly hired employee's first day of employment. The work schedule shall include on-call shifts, as applicable. An employer shall notify its employees of any changes to the work schedule after it is posted or transmitted, and those changes are subject to notice and compensation requirements as set forth in subsections D and E of this section.
D. An employer shall provide an employee with notice of any change to the employee's work schedule, either in person or by telephone, and submit the change in writing through email, text messaging or other electronic communication. This notice requirement does not apply to any schedule changes that the employee requests, including sick leave, annual leave, time off, shift trades or other requests.
E. Subject to the exceptions in subsection F of this section, an employer shall provide an employee with the following compensation per shift for each previously scheduled shift that the employer changes to another date or time or cancels and each previously unscheduled shift that the employer adds to the employee's work schedule. When the employee is required to come to work, the compensation mandated in this subsection is in addition to the employee's regular pay for working that shift. This subsection does not apply to on-call shifts. An employer shall compensate an employee for:
1. One hour of pay at the employee's regular hourly rate if the employer provides less than seven days' notice but at least twenty-four hours' notice to the employee.
2. Two hours of pay at the employee's regular hourly rate for each shift of four hours or less if the employer provides less than twenty-four hours' notice to the employee.
3. Four hours of pay at the employee's regular hourly rate for each shift of more than four hours if the employer provides less than twenty-four hours' notice to the employee.
F. Subsections D and E of this section do not apply if:
1. Operations cannot begin or continue due to threats to employees or property or civil authorities recommend that work not begin or continue.
2. Operations cannot begin or continue because utilities fail to supply electricity, water or gas or there is a failure in the utilities or sewer system.
3. Operations cannot begin or continue due to an act of God or other cause not within the employer's control, such as a state of emergency declared by the Governor.
4. Operations cannot begin or continue due to a government shutdown.
5. The employer requires the employee to work overtime in conjunction with a previously scheduled shift.
6. The employee trades shifts with another employee or requests from the employer a change in shift or shifts, hours or work schedule.
G. This section does not prohibit an employer from providing greater advance notice of employees' work schedules or changes than prescribed in this section.
H. The department shall publish and make available to employers a notice suitable for posting by employers in the workplace that informs applicants and employees of their rights under this section. The notice shall be available in English, Spanish, French and any other language spoken by more than five percent of the workforce in this state. The Department shall update this notice on December 1 of any year in which there is a change in the languages spoken by more than five percent of the workforce in this state.
I. An employer shall post the notice described in subsection H of this section in a conspicuous place at every workplace, job site or other location under the employer's control that is frequently visited by employees. The employer shall post the work schedule in English, Spanish, French and any other language spoken by at least five percent of the employees at the workplace.
J. An employer shall retain work schedule and payroll records pertaining to employees for three years and allow the department access to the records, with appropriate notice and during business hours, to monitor compliance with this section. The department must have access to all places of labor subject to this section during business hours to inspect books and records, interview employees and investigate matters necessary or appropriate to determine whether an employer has violated this section. If an employer does not maintain or retain adequate records documenting compliance with this section or does not allow the department reasonable access to the records, it is presumed that the employer did not comply with this section, absent clear and convincing evidence to the contrary.
K. An employee may file a complaint with the department for any violation of this section and request an administrative hearing pursuant to title 41, chapter 6, article 6.
L. The department may assess civil penalties, including a civil penalty of not more than $50 per day, for each day or portion of a day that a violation occurred or continued to occur, as determined by the department.
M. The Attorney General may bring an action to enjoin violations of this section and for any other available remedy, including the payment of lost wages or liquidated damages in an amount of not more than lost wages, reinstatement and reasonable attorney fees and costs.
N. The department may adopt rules to implement this section.
O. On January 1, 2024 and every year thereafter, The department shall provide a report on the implementation of this section and any civil penalties assessed to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state's office.