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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that certain employers provide advance |
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notice of employee work schedules. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 3, Labor Code, is amended by adding Chapter |
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106 to read as follows: |
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CHAPTER 106. NOTICE OF EMPLOYEE WORK SCHEDULE |
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Sec. 106.001. DEFINITION; APPLICABILITY. (a) In this |
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chapter, "food and general retail establishment" means a retail |
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sales establishment that has a physical location with in-person |
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food or merchandise sales to ultimate consumers for personal, |
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family, or household purposes, including a restaurant, food retail |
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store, grocery store, general merchandise store, department |
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store, and health and personal care store. |
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(b) Except as provided by Subsection (c), this chapter |
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applies only to a food and general retail establishment that: |
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(1) employs at least 500 employees in this state; |
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(2) has at least 10 other retail sales establishments |
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in states other than this state; and |
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(3) maintains at least two of the following: |
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(A) a standardized array of merchandise; |
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(B) a standardized facade; |
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(C) a standardized decor and color scheme; |
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(D) uniform apparel; |
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(E) standardized signage; or |
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(F) a trademark or a service mark. |
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(c) This chapter does not apply to: |
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(1) a retail establishment at which the primary |
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activity is providing customer service and the sale of merchandise |
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is secondary or incidental to that service; |
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(2) an online retailer that does not have a physical |
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location with in-person sales in this state; or |
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(3) a new motor vehicle dealer. |
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Sec. 106.002. NOTICE REQUIRED. Except as provided by |
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Section 106.004, a food and general retail establishment shall |
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notify each hourly employee of the employee's scheduled work shift |
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at least two weeks before the time the shift is scheduled to begin. |
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Sec. 106.003. REMEDY FOR VIOLATION OF NOTICE REQUIREMENT. |
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(a) A food and general retail establishment that violates Section |
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106.002 by canceling or moving an employee's work shift to another |
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date or time shall pay the employee the following compensation for |
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each previously scheduled shift that is canceled or moved: |
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(1) one hour of pay at the employee's regular hourly |
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rate if the establishment notifies the employee less than seven |
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days but more than 24 hours before the time of the scheduled shift; |
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(2) two hours of pay at the employee's regular hourly |
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rate for each shift of four hours or less if the establishment |
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notifies the employee less than 24 hours before the time of the |
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scheduled shift; and |
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(3) four hours of pay at the employee's regular hourly |
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rate for each shift of more than four hours if the establishment |
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notifies the employee less than 24 hours before the time of the |
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scheduled shift. |
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(b) A food and general retail establishment that violates |
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Section 106.002 by requiring an employee to work an unscheduled |
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shift shall pay the employee the following compensation for each |
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previously unscheduled shift that the establishment requires the |
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employee to work, in addition to the employee's regular pay for that |
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shift: |
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(1) one hour of pay at the employee's regular hourly |
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rate if the establishment notifies the employee less than seven |
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days but more than 24 hours before the time of the shift; |
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(2) two hours of pay at the employee's regular hourly |
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rate for each shift of four hours or less if the establishment |
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notifies the employee less than 24 hours before the time of the |
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shift; and |
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(3) four hours of pay at the employee's regular hourly |
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rate for each shift of more than four hours if the establishment |
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notifies the employee less than 24 hours before the time of the |
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shift. |
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Sec. 106.004. EXCEPTIONS TO NOTICE REQUIREMENT. A food and |
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general retail establishment is not required to provide the notice |
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under Section 106.002 if: |
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(1) the establishment's operations cannot begin or |
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continue due to threats to employees or property, or because civil |
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authorities recommend that work not begin or continue; |
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(2) the establishment's operations cannot begin or |
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continue because public utilities fail to supply electricity, |
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water, or gas to the establishment, or there is a failure in the |
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public utility or sewer system at the establishment; |
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(3) the establishment's operations cannot begin or |
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continue due to an act of God or another cause not within the |
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establishment's control, including a state of emergency declared by |
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a local government or the governor; |
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(4) another employee who was previously scheduled to |
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work the previously unscheduled shift is unable to work and the |
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establishment did not receive at least seven days' notice of the |
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other employee's absence; |
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(5) another employee who was previously scheduled to |
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work the previously unscheduled shift does not report to work on |
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time or is fired, sent home, or told to stay home as a disciplinary |
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action; |
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(6) the establishment requires the employee to work |
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overtime, including mandatory overtime; or |
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(7) the employee works a previously unscheduled shift |
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because the employee traded shifts with another employee or |
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requested a change in shift, hours, or work schedule. |
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SECTION 2. Chapter 106, Labor Code, as added by this Act, |
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applies only to an employee's work shift that is scheduled by an |
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employer on or after the effective date of this Act. An employee's |
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work shift that is scheduled by an employer before the effective |
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date of this Act is governed by the law in effect immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |